A1 Terms and Conditions
To sign the terms and conditions please download and print a copy here
(Version 2 – December 2010)
Installer terms and conditions (as may be amended with the prior written approval of npower from time to time)
1 Registrations
1.1 In order to claim grant funding payments installers must be registered under the A1-Low Carbon Solutions Scheme (the ‘Scheme’) in addition to being Gas Safe or OFTEC registered (as appropriate for the installation) as set out in paragraph 3.1.
1.2 To become registered under the Scheme installers must accept these terms and conditions by signing and dating them and returning them to A1 Low Carbon Solutions at Lydiate Ash Business Park, Lydiate Ash Road, BROMSGROVE, B61 0QL or by faxing them to fax number 0121 453 8573. Grant funding will not be made available nor subsequently paid to the installer unless the signed and dated copy of these terms and conditions has been received by A1 Low Carbon Solutions.
1.3 Registration of installers may be terminated if an installer is expelled from the Scheme in accordance with paragraph 4.3.
2 Qualification for Funding
2.1 To claim grant funding against the relevant installation a registered installer must submit a Voucher application form (a copy of which can be down loaded from the A1 Low Carbon Solutions website at www.a1-lcs.co.uk) to A1 Low Carbon Solutions for each property where the relevant installation complies with these terms and conditions and with the Scheme. A Voucher application cannot be submitted retrospectively.
2.2 Voucher application forms should be completed in full, be legible and not defaced or spoiled and returned to A1 Low Carbon Solutions at the address detailed on the form. A1 Low Carbon Solutions will not be liable for any failure in delivery of a Voucher form and proof of posting by the installer shall not be considered to be proof of receipt by A1 Low Carbon Solutions.
2.3 Upon receipt of the relevant Voucher application form, A1 Low Carbon Solutions will, at its discretion, issue the relevant Voucher with its associated declaration forms to the installer and the Customer (as appropriate). A1 Low Carbon Solutions will not be liable for any failure in delivery of a Voucher and/or its associated declaration form to the installer or to the Customer (as appropriate).
2.4 Vouchers issued in accordance with paragraph 2.3 above, (being originals only as photocopies will not be accepted) may be used by the installer to purchase the relevant products (as detailed in paragraph 2.7 below) from Plumb Center branches in England, Scotland and Wales. The installer must ensure that the relevant section of the Voucher is completed by the Plumb Center branch where the products for installation under the Scheme are available to indicate that those products have been purchased in accordance with these terms and conditions.
2.5 Subject to the relevant Customer declaration form having been completed and returned to A1 Low Carbon Solutions as set out in paragraph 2.10 below, and subject to the installation having been completed, the installers may claim the grant funding and incentive payments by completing the relevant Vouchers (including completion by the installer of the declaration section for installers set out in the Vouchers) in full, legibly and not defaced or spoiled which should be signed in the appropriate place by the Customer to indicate the satisfactory completion of the work as well as by the relevant Plumb Center branch personnel to indicate that the products used in the installation were purchased in accordance with these terms and conditions and returned to A1 Low Carbon Solutions at the address detailed on the relevant Voucher. A1 Low Carbon Solutions will not be liable for any failure in delivery of a Voucher and proof of posting by the installer shall not be considered to be proof of receipt by A1 Low Carbon Solutions.
2.6 Completed Vouchers and their associated declaration forms must be received by A1 Low Carbon Solutions on or before the expiry date shown on the relevant Voucher. Any Voucher with its associated declaration form received after the expiry date may not receive any grant funding.
2.7 Grant funding is only available for installations using the manufacturer’s products set out in the Scheme’s product list (a copy of which is available via the Scheme’s website at www.a1-lcs.co.uk) and which currently, without limitation, consists of the following products:
2.7.1 SEDBUK ‘2005 Seasonal Efficiency’ 90% or above rated condensing boilers; and
2.7.2 heating controls that incorporate an optimum start thermostat;
A1 Low Carbon Solutions reserves the right to vary the range of products detailed above and the manufacturer who supplies those products from time to time without giving the installer any prior notice.
2.8 Grant funding is only available for the SEDBUK ‘2005 Seasonal Efficiency’ 90% or above rated condensing boilers and optimum start heating controls where they have been purchased and installed through the Scheme.
2.9 Fuel switch grant funding may only be claimed under the Scheme where the grant funding is instrumental in the Customer’s decision to proceed with changing the primary heating source from either:
2.9.1 electric or coal to a new gas or oil or LPG central heating system; or
2.9.2 LPG or oil to a new gas central heating system;
2.9.3 Focal gas to gas central heating system,
which must be purchased from Plumb Center branches in England, Scotland and Wales and installed through the Scheme.
2.10 In order to qualify for fuel switching grant funding and the payment of the incentive set out in paragraphs 2.14 and 2.15:
2.10.1 the installer, the Customer and the relevant Plumb Center branch personnel must complete and sign the relevant sections of the Voucher (which in the case of the installer must include the completion of the installer declaration section of the Voucher) which must then be returned by the installer to A1 Low Carbon Solutions. If A1 Low Carbon Solutions does not receive a fully completed and signed Voucher it will not be liable to pay any grant funding or incentive payments to the installer associated with that Voucher; and
2.10.2 the Customer must also independently complete, sign and return a separate declaration form to A1 Low Carbon Solutions prior to the grant funding and the incentive payment being paid to the installer. If A1 Low Carbon Solutions does not receive the Customer declaration it will not be liable to pay any grant funding or the incentive payment associated with the corresponding Voucher;
(the Customer declaration form will be issued directly to the Customer by A1 Low Carbon Solutions at the Voucher issue stage).
2.11 Save in relation to the incentive payment which will be paid to the installer as set out in paragraphs 2.14 and 2.15 and which (subject to those paragraphs) the installer shall be entitled to keep, any grant funding paid to the installer must be passed on in full to the Customer. Any grant funding that is not passed on in this way shall immediately become due and payable to A1 Low Carbon Solutions and A1 Low Carbon Solutions shall have the right to terminate these terms and conditions.
2.12 Only one grant funding payment will be made per installation type per property.
2.13 For the avoidance of doubt, grant funding is only available for installations that satisfy the criteria detailed above and which are fitted in privately owned residential properties in England Scotland and Wales.
2.14 Subject to paragraph 2.15, as an incentive to the installer, the installer shall receive a one off incentive payment from A1 Low Carbon Solutions for each fuel switching installation that it successfully completes which will be paid by A1 Low Carbon Solutions at the same time as the grant funding is paid to the installer in relation to that installation. The value of the incentive payment per installation shall be as set out on www.a1-lcs.co.uk as may be amended by A1 Low Carbon Solutions by written notification to the installer from time to time (the current value of which is £100 per fuel switching installation).
2.15 If, after an incentive payment has been made to an installer, it is found by A1 Low Carbon Solutions and/or a third party that the installation has not been satisfactorily completed or has failed to satisfy the criteria detailed above, the installer shall be obliged to repay the incentive payment relating to that installation to A1 Low Carbon Solutions or, alternatively, A1 Low Carbon Solutions shall be entitled to set off that payment from any monies due and owing to the installer under the Scheme.
3 Compliance with the relevant technical guidelines/regulations
3.1 All installations that qualify for grant funding under the Scheme (as detailed above) must be fitted by a Gas Safe or OFTEC registered installer (as appropriate for the installation) whose registration is valid for the duration of the Voucher.
3.2 In addition to paragraph 3.1 above, all installations must be fitted in accordance with:
3.2.1 the current Benchmark ™Codes of Practice; in accordance with the current Approved Document L1B of the Building Regulations 2000 (2010 edition); and
3.2.2 the relevant Ofgem standard technical monitoring questions,
(as each may be amended or replaced from time to time) copies of which may be found at www.planningportal.gov.uk/england/professionals/en in the case of the Building Regulations and at www.a1-lcs.co.uk in the case of the Ofgem standard technical monitoring questions.
3.3 All installations must be carried out in accordance with good industry practice and comply with all other EU and UK laws and regulations for the time being and from time to time in force.
3.4 The installer warrants and undertakes with A1 Low Carbon Solutions that for the duration of its registration (and beyond as applicable) under the Scheme and at its own cost will:-
3.4.1 conduct his business and any activities carried out under these terms and conditions lawfully and in accordance with good industry practice and using reasonable skill and care (including but not limited to the requirements of any trade association or codes of practice and using competent personnel);
3.4.2 use its best endeavours to maintain the highest standards in all matters connected with qualifying installations under the Scheme and in a manner in all material respects reasonably satisfactory to A1 Low Carbon Solutions and as may be reasonably required by A1 Low Carbon Solutions from time to time to maintain the image and reputation of the Scheme;
3.4.3 hold and maintain adequate insurance and all appropriate licenses, certifications and memberships to carry out all and any works in connection with the installations as may be required at a Customer premises;
3.4.4 comply with all relevant UK laws, Acts of Parliament, statutory instruments, regulations, directives and EU laws (including without limitation all those relevant to health and safety) as may be in force from time to time;
3.4.5 comply fully and at all times with any manufacturers’ instructions and warranties relating to the qualifying installations; and
3.4.6 ensure that it does nothing to damage npower’s reputation or the reputation of the Scheme or the A1 brand; and
3.4.7 ensure that it always provides a Customer with its business details (being its trading name, address and a contact phone number) and that it will return to a Customer’s premises to rectify any problems with the installation should they arise and paragraph 4.2 shall apply; and
3.4.8 ensure it keeps all records relating to the installations it carries out through the A1 Low Carbon Solutions Scheme for a minimum of 2 years after the installation has been completed.
4 Monitoring and Rectification
4.1 A third party will be appointed by A1 Low Carbon Solutions to inspect the quality of a sample of the completed installations and to ensure that they have been installed in accordance with the relevant Benchmark ™ Codes of Practice, the relevant building regulations and the relevant Ofgem guidelines as detailed in paragraph 3.2 above. The installer will ensure that the Customer is aware that such inspection by the third party could take place.
4.2 If, in the reasonable opinion of the third party or as a result of a dissatisfied Customer complaint or due to information received from a government body or some other reputable source, the installation fails or is deemed by A1 Low Carbon Solutions to have failed to meet the required standards the third party or XXXX will issue the installer with a formal written notification of the remedial work required which is to be completed within two weeks of the date of the notification. For the avoidance of doubt, the installer shall complete any remedial work free of charge and shall not be entitled to claim any further grant funding for the work required to bring the installations up to the required standard. In the event that the installer in default fails to complete the work to the required standard then A1 Low Carbon Solutions shall be entitled to appoint another installer to complete the work and shall be entitled to reclaim any and all reasonable costs and expenses incurred in doing so from the installer in default.
4.3 Failure on any occasion to:
4.3.1 comply with the Benchmark™ Codes of Practice; and/or
4.3.2 comply with the relevant Building Regulations; and/or
4.3.3 comply with the relevant Ofgem CERT technical guidelines; and/or
4.3.4 to complete the remedial work detailed in paragraph 4.2 to the satisfaction of the third party; and/or
4.3.5 provide a reasonable standard of service; and/or
4.3.6 accurately report an installation in the correct fuel switch category (for guidance on the category types the installer should contact A1 Low Carbon Solutions);
may at the discretion of A1 Low Carbon Solutions result in the immediate expulsion of the installer from the Scheme.
4.4 In the event the installer is expelled from the Scheme, the installer must return, in full, any grant funding received for the installations which failed to meet the appropriate standards within 30 days of the written notice requiring them to do so. In addition, the installer shall be liable to pay any technical monitoring costs incurred by A1 Low Carbon Solutions in relation to the installations for which the installer claimed grant funding under the Scheme.
4.5 If as a result of information supplied by either a third party or a Customer, there is a question about either the quality of the work carried out by the installer or the accuracy of the data provided by the installer to A1 Low Carbon Solutions any outstanding grant funding due and payable to the installer in relation to other claims shall be suspended until investigations into the matter have been completed and have been, in the reasonable opinion of A1 Low Carbon Solutions, satisfactorily resolved.
4.6 In addition to the monitoring set out above, A1 Low Carbon Solutions may pass details about the installations completed by the installer on to Gas Safe who may use that information to:
4.6.1 carry out quality and/or safety inspections of the installations performed by the installer; and/or
4.6.2 ensure that all the relevant work has been registered by the installer; and/or
4.6.3 ensure any installations have been installed to the relevant building standards; and/or
4.6.4 report back their findings to A1 Low Carbon Solutions.
Any failure in the installations reported by Gas Safe to A1 Low Carbon Solutions under this paragraph 4.6 shall equate to a failure under paragraph 4.3 and may at the discretion of A1 Low Carbon Solutions result in the immediate expulsion of the installer from the Scheme.
5 Payment, Value of Grant Funding and Availability
5.1 Subject to receipt by A1 Low Carbon Solutions of the relevant Voucher and its associated documentation (as detailed in paragraph 2 above), payment by A1 Low Carbon Solutions to the installer for qualifying installations will be made in the next available cheque run. The installer should note that payment of the grant funding may not occur until one month after the Voucher and its associated documentation are received by A1 Low Carbon Solutions depending on where in the cheque run cycle the installer submits the relevant documentation.
5.2 Cheques will be made payable to the installer’s company or business as detailed on the Scheme registration form (unless A1 Low Carbon Solutions is advised in writing of a change of address by the installer).
5.3 The grant funding payments will be paid by cheque at the rate specified on the Scheme’s website at the point at which the Voucher is issued by A1 Low Carbon Solutions. Two tiers of funding are available depending on the status of the Customer with evidence for eligibility for the higher rate of funding being required (details of current funding levels available can be found on www.a1-lcs.co.uk). In the event that the grant funding levels are changed A1 Low Carbon Solutions will give the installer 10 working days notice in writing of the change.
5.4 The grant funding payments must not be used and are not available in conjunction with any other energy saving, CERT or energy efficiency offer from another energy supplier nor is it available with any grant or rebate awarded from Warm Front nor any boiler scrapping schemes nor any Scottish or Welsh government schemes without prior agreement in writing from A1 Low Carbon Solutions. It is the responsibility of the installer to convey this information to their Customer. A failure to comply may result in the grant funding being withdrawn from the Customer concerned and the non payment of any associated incentive payment to the installer.
5.5 All grant funding payments are subject to availability on a first come first served basis, until funds are exhausted. In the event that grant funding is no longer available, A1 Low Carbon Solutions will notify the installers of the same in writing. All Vouchers and their associated documentation (as detailed in paragraph 2 above) submitted within 10 working days of the date of the written notification will be honoured and the installer will be entitled to the grant funding. Where installers fail to submit the relevant Vouchers and their associated documentation within the aforementioned 10 working day period the installers will not be entitled to any grant funding.
5.6 Fuel switch grant funding and any associated incentive payments shall only be paid and Vouchers shall only processed by A1 Low Carbon Solutions for installations carried out by installers in mainland Great Britain (with mainland Great Britain referring to England, Scotland or Wales which shall include the Isle of Wight, Anglesey, the Isles of Scilly, the Hebrides, and the island groups of Orkney and Shetland but no other such islands). It is the responsibility of the installer to ensure that the installation at a Customer’s premises qualifies for the relevant grant funding and as such if there in any doubt about whether or not the location will qualify the installer must seek confirmation from A1 Low Carbon Solutions.
6 Limitation of Liability
6.1 Except as provided in paragraph 6.2, any other liability of A1 Low Carbon Solutions to the installer in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising out of or in connection with these terms and conditions is limited in aggregate to £10,000.
6.2 Notwithstanding any other provision of these terms and conditions, neither party excludes or limits its liability for:
6.2.1 fraud;
6.2.2 fraudulent misrepresentation;
6.2.3 death or personal injury caused by its negligence;
6.2.4 breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
6.2.5 any other liability which cannot lawfully be limited or excluded.
6.3 The installer hereby acknowledges and agrees that A1 Low Carbon Solutions:
6.3.1 is in no way responsible for, nor makes any warranties or representations as to the quality and/or fitness for purpose or otherwise of the products used in conjunction with the Scheme; and
6.3.2 is not responsible for the installation of any products or other equipment purchased or installed through the Scheme as this is the sole responsibility of the installer; and
6.3.3 is not responsible for the acts or omissions of any installer operating under the Scheme.
6.4 The installer hereby acknowledges and agrees that:
6.4.1 A1 Low Carbon Solutions, nor any of its sub-contractors (being (unless otherwise advised) Plumb Center (company registration number 636445)) (the “Sub-contractor”) shall not be liable for the installation work carried out and completed by the installer at any Customer’s premises under the Scheme;
6.4.2 subject to paragraph 6.2, npower, A1 Low Carbon Solutions and its Sub-contractor shall not be liable for any injuries to either the installer or the Customer or for any damage to the property or the qualifying installation that may occur during the installation of the product or otherwise by the installer;
6.4.3 it is liable to the Customer for the quality of service and fitness for purpose of installation works within a Customer’s premises;
6.4.4 A1 Low Carbon Solutions and its Sub-contractor shall hold no liability to the Customer in relation to any complaints, payment or for any remedial work required by the installer and carried out in accordance with paragraph 4.2; and
6.4.5 it will indemnify A1 Low Carbon Solutions and its Sub-contractor against all costs claims and demands arising from any breach by it of these terms and conditions and will keep in force with a reputable insurance company such insurance cover required to meet its liabilities under these terms and conditions.
7 Data Protection
7.1 The installer hereby agrees and warrants that it will comply with the provisions and obligations imposed by the Data Protection Act 1998 (as may be amended) (the “DPA”) in connection with the use and processing by it of any Customers personal data (as defined in the DPA) in its performance of the installation at the Customer’s premises and shall:
7.1.1 process the personal data strictly in accordance with the DPA and all other relevant laws;
7.1.2 not use the personal data for any purposes which may be inconsistent with those notified to the data subjects (as defined by the DPA) on or before the time of collection;
7.1.3 not disclose the personal data to a third party in any circumstances other than at the specific written request of A1 Low Carbon Solutions;
7.1.4 only use those of its employees and personnel who are required to assist it in meeting its obligations under the Scheme shall have access to the personal data and such employees and personnel have undergone instruction in the law of data protection and in the care and handling of personal data;
7.1.5 have appropriate operational and technological processes and procedures in place to safeguard against any unauthorised access loss destruction, theft, use or disclosure of the personal data;
7.1.6 allow its data processing facilities, procedures and documentation to be submitted for scrutiny by the auditors of A1 Low Carbon Solutions in order to ascertain compliance with the DPA and these terms and conditions;
7.1.7 not transfer any personal data outside the countries of the European Economic Area; and
7.1.8 as soon as practicable, notify A1 Low Carbon Solutions of any notice or communication concerning the DPA (including, without limitation, any complaint) received from any person (including any data subject or caller) or any regulatory authority (including the Information Commissioner or its successor) and co-operate fully with A1 Low Carbon Solutions in relation to all relevant matters concerning the DPA in connection with such services.
8 Sub-Contractors, assignment and novation
8.1 The installer shall not be entitled to assign, novate or otherwise transfer any of its rights and/or obligations under these terms and conditions to any third party or sub-contract any of the installer’s obligations under these terms and conditions, except with the prior written consent of A1 Low Carbon Solutions. Any installations carried out under the Scheme must be carried out by the registered installer under the Scheme.
8.2 Any work that is assigned, novated or otherwise transferred or sub-contracted without the prior written consent of A1 Low Carbon Solutions will not be entitled to grant funding and A1 Low Carbon Solutions shall be entitled to reclaim and the installer shall repay any grant funding that may have been paid in error as a result of a breach of this paragraph 8 by the installer.
8.3 Neither npower, Plumb Center nor A1 Low Carbon Solutions shall have any liability for any work that is subcontracted by an installer.
9 Termination
9.1 These terms and conditions may be terminated immediately by notice in writing:
9.1.1 by either party if the other party is in material breach of any of its obligations under these terms and conditions and fails to remedy the breach (if capable of remedy) within 7 days after written notice by the other party specifying the breach and requiring the same to be remedied;
9.1.2 by either party with immediate effect from the date of service on the other of written notice if a resolution is passed or an order is made for the winding up of the other (otherwise than for the purpose of solvent amalgamation or reconstruction where the resulting entity assumes all of the obligations under these terms and conditions of the relevant party) or the other becomes subject to an administration order or an administrator, receiver or administrative receiver is appointed of all or part of the other’s undertaking and assets;
9.1.3 by either party with immediate effect from the date of service on the other of a written notice if that other party ceases or threatens to cease to carry on its business or is unable to pay its debts or becomes insolvent (within the meaning of the Insolvency Act 1986) or makes or proposes to make any arrangement or composition with its creditors;
9.1.4 by either party with immediate effect from the date of service on the other of a written notice if the other party suffers any analogous event to those set out in paragraph 9.1.2 and 9.1.3 in any other jurisdiction;
9.1.5 by A1 Low Carbon Solutions with immediate effect from the date of service on the installer of written notice if the installer is in persistent breach of any of its obligations under these terms and conditions (whether or not such breaches are material in nature or are remedied by the installer) including if the Supplier is in breach of any of its obligations (whether it is the same obligation or not) 3 (three) times in any six month period or the term of these terms and conditions, whichever is shorter;
9.1.6 by A1 Low Carbon Solutions with immediate effect from the date of service on the installer of written notice if the installer has, in the reasonable opinion of the A1 Low Carbon Solutions, harmed the name or business of A1 Low Carbon Solutions or npower;
9.1.7 by A1 Low Carbon Solutions in accordance with paragraphs 4.3, 4.6 and 5.5.
9.2 Any termination of these terms and conditions under this paragraph will be without prejudice to any other rights or remedies of either party under these terms and conditions or at law and will not affect any accrued rights or liabilities of either party at the date of termination.
10. Consequences of Termination
10.1 On expiry or termination of these terms and conditions, howsoever occuring the installer shall:
10.1.1 immediately cease to carry out any installations and shall return any and all documentation and materials of whatsoever nature held by them which relate to Scheme to A1 Low Carbon Solutions within 10 working days;
10.1.2 subject to the installers work being of a satisfactory standard and performed in a manner that is not in breach of these terms and conditions and subject to paragraphs 2.6 and 5.5, the installer shall be entitled to claim any remaining grant funding.
11 Marketing
A1 Low Carbon Solutions may provide the installer with examples of marketing material that it shall be entitled to use. Any other marketing material or use of the A1 Low Carbon Solutions logo or its intellectual property rights (or that of npower, XXXX or Plumb Center) cannot be used by the installer without the prior written approval of A1 Low Carbon Solutions.
12 General
12.1 References to A1 Low Carbon Solutions shall be deemed to include reference to Npower Limited (company no 3653277) (npower) and XXXX who are npower’s managing agents for the Scheme. Both npower and XXXX shall be entitled to the benefit of all the obligations, warranties and agreements of the installer in these terms and conditions. References to Customer shall mean the owner/occupier of the privately owned residential property (Customer).
12.2 Nothing in these terms and conditions and no action taken by the installer or A1 Low Carbon Solutions or any party acting on its behalf pursuant to these terms and conditions shall constitute or be deemed to constitute a relationship between the parties of partnership, agency, association, joint venture or other co-operative entity.
12.3 A Customer in receipt of the benefit of the installation shall be entitled to receive and enforce the benefit of any warranties given by the installer under these terms and conditions save that A1 Low Carbon Solutions can make amendments to these terms and conditions without first seeking the consent of the relevant Customers.
12.4 These terms and conditions and the information provided in any Welcome Pack booklet that may be issued from time to time by A1 Low Carbon Solutions embody the entire understanding between the installer and A1 Low Carbon Solutions and each warrants that it does not rely on any promises, representations, expressions of intent, terms or conditions or obligations oral or written, express or implied other than those contained in these terms and conditions (including but not limited those made before the date on which the installer signed these terms and conditions) and that such are excluded from these terms and conditions to the fullest extent permitted by law, save that nothing in this paragraph shall exclude either party’s liability for fraud or fraudulent misrepresentation.
12.5 In the event that any part of the Welcome Pack booklet referred to in these terms and conditions is missing the installer is requested to contact A1 Low Carbon Solutions for a replacement. A1 Low Carbon Solutions will accept no liability if the installer fails to do so.
12.6 For the avoidance of doubt, where there is a conflict between these terms and conditions and the provisions in the Welcome Pack booklet these terms and conditions will prevail.
12.7 These terms and conditions and any information or material of a confidential nature supplied by (or on behalf of) A1 Low Carbon Solutions to the installer (including any information relating to the business or financial or other affairs of the A1 Low Carbon Solutions or any member of the A1 Low Carbon Solution’s group) are strictly confidential and will not be disclosed (in whole or in part) by the installer to any other person without the A1 Low Carbon Solution’s prior written consent (except where the installer is required to disclose them by any government authority or pursuant to any court order).
12.8 All or any financial information relating to the operation of the Scheme including, but without prejudice to the generality of the foregoing, forecasts, budgets and performance ratios provided to the installer by or on A1 Low Carbon Solution’s behalf whether before the date on which the installer signed these term and conditions or during the term of the installers registration under the Scheme, is provided on the basis that such information is for the installer’s information purposes only and shall in no way be treated by the installer as a warranty, representation or guarantee.
12.9 Any notice to be given under these terms and conditions shall be given by sending it by first class pre-paid post to the party concerned at the relevant address detailed in the A1 Scheme registration form (or to such other address as the party concerned may have notified to the other for this purpose). Such notice shall be deemed served 48 hours after posting provided that the time of deemed service shall be a business day.
12.10 No waiver of any term, provision or condition of these terms and conditions shall be effective except to the extent made in writing and signed by the waiving party and no omission or delay on the part of either party in exercising any right, power or privilege under these terms and conditions shall operate as a waiver by it of any right to exercise it in future or any other of its rights under these terms and conditions.
12.11 These terms and conditions shall not be modified in any way except by express, written consent between A1 Low Carbon Solutions and the installer clearly stating that a change to these terms and conditions is intended to take effect.
12.12 If any item or provision contained in these terms and conditions or any part of it ('the Offending Provision') is declared or becomes unenforceable, invalid or illegal for any reason whatsoever, including, but not detracting from the generality of the foregoing, a decision by the competent domestic or European courts, an Act of Parliament, European Union legislation or any other law the other terms and provisions of these terms and conditions shall remain in full force and effect as if the terms and conditions had been executed without the Offending Provision appearing in it.
12.13 These terms and conditions shall be governed by and interpreted in accordance with English law and the installer submits to the jurisdiction of the English Courts.
I/We hereby agree to abide by these terms and conditions as set out above and should I/We have signed any other version of these terms and conditions these A1 Low Carbon Solutions fuel switching scheme installer terms and conditions (Version 2 – December 2010) shall prevail).