Legal

Terms & Conditions

These terms set out the basis on which Energenie Solutions supplies goods to its customers, including payment, returns, notices and general contractual provisions.

In these Terms & Conditions, references to the Supplier mean Energenie Solutions and references to the Customer mean the customer purchasing Goods from the Supplier.

These Terms & Conditions should be read together with any applicable quotation, order, invoice, specification or other agreement between the Supplier and the Customer.

Clause 1

Supply of Goods

  1. In consideration of the Customer's agreement to pay the Charges, the Supplier shall supply the Goods to the Customer subject to and in accordance with the terms and conditions of the Agreement.
  2. In supplying the Goods, the Supplier shall co-operate with the Customer in all matters relating to the supply of the Goods and comply with the Customer's reasonable instructions.
  3. The Supplier shall supply the Goods in accordance with the Specification. The Supplier warrants, represents, undertakes and guarantees that the Goods supplied under the Agreement shall:
    1. be free from defects, whether manifest or latent, in materials and workmanship and remain so for the applicable warranty period following Delivery;
    2. conform with the specifications contained within the technical literature provided by the Supplier;
    3. be free from design defects;
    4. be fit for any purpose held out by the Supplier, where the Customer reasonably relies on the Supplier's skill and judgement; and
    5. comply with all applicable laws.
  4. On receipt of the Goods, the Customer has 14 days to notify the Supplier of any Goods that were received damaged, short or incorrect in any way. Claims made outside this 14-day period will not be accepted, subject to any rights or remedies which cannot lawfully be excluded.
  5. Where such a claim arises, the Customer should follow the returns procedure set out in Clause 3.
Clause 2

Charges, Payment & Recovery of Sums Due

  1. The Charges for the Goods shall be as set out in the Supplier's invoice in respect of the supply of the Goods. Unless otherwise agreed in writing, the Charges shall include the costs and expenses incurred by the Supplier in connection with the supply of the Goods, including packaging, insurance and delivery.
  2. The Supplier will only be responsible for unloading the Goods to kerbside and not to a location within the Customer's premises.
  3. All amounts stated are exclusive of VAT, which shall be charged at the prevailing rate. Following receipt of a valid VAT invoice, the Customer shall pay to the Supplier a sum equal to the VAT properly chargeable in respect of the Goods.
  4. Following Delivery of the Goods, the Supplier shall invoice the Customer as specified in the Agreement. Each invoice shall include any supporting information reasonably required to verify its accuracy, including the relevant Purchase Order Number where applicable and a breakdown of the Goods supplied.
  5. In consideration of the supply of the Goods by the Supplier, the Customer shall pay the invoiced amounts no later than the end of the month plus 30 days from the invoice date, unless otherwise agreed in writing.
  6. If payment is not received by the Supplier within the specified period, the Supplier shall be entitled to charge interest at the rate of 4% on the outstanding invoice total.
Clause 3

Returns

  1. Returns will only be accepted and a credit issued where written notification is made to the Supplier and the Goods are received at the Supplier's specified return address within 14 days of the invoice date.
  2. The Customer must obtain a Return Merchandise Authorisation (RMA) from the Supplier before returning Goods for any reason.
  3. Where Goods are being returned because of an ordering error by the Customer, the Supplier will charge a restocking fee equal to 15% of the invoice value of the returned Goods.
  4. Written notification regarding a return should be sent to info@energeniesolutions.com .
  5. Goods should only be returned to the address specified by the Supplier. The Customer should confirm the correct return address with the Supplier before dispatch.
  6. The Customer shall be responsible for arranging the physical return of the Goods to the address specified by the Supplier.
  7. The Customer shall be responsible for the full cost of returning the Goods, except where otherwise agreed in writing.
Clause 4

General

  1. Each Party represents and warrants to the other that it has full capacity and authority, together with all necessary consents, licences and permissions, to enter into and perform its obligations under the Agreement, and that the Agreement is executed by its duly authorised representative.
  2. A person who is not a party to the Agreement shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on that person without the prior written agreement of the Parties.
  3. The Agreement may not be varied except in writing signed by a duly authorised representative of both Parties.
  4. The Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them.
  5. The Parties confirm that they have not entered into the Agreement on the basis of any representation that is not expressly incorporated into the Agreement. Nothing in this clause shall exclude liability for fraud or fraudulent misrepresentation.
  6. Any waiver or relaxation, whether in whole or in part, of any of the terms and conditions of the Agreement shall be valid only if communicated to the other Party in writing and expressly stated to be a waiver.
  7. A waiver of any right or remedy arising from a breach of contract shall not constitute a waiver of any right or remedy arising from any other breach of the Agreement.
  8. The Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
  9. Neither Party shall have, nor represent that it has, any authority to make commitments on the other Party's behalf.
  10. Except as otherwise expressly provided by the Agreement, all remedies available to either Party for breach of the Agreement, whether under the Agreement, statute or common law, are cumulative and may be exercised concurrently or separately.
  11. If any provision of the Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, that provision shall, to the extent required, be severed and rendered ineffective without affecting the validity or enforceability of the remaining provisions.
Clause 5

Notices

  1. Any notice to be given under the Agreement shall be in writing and may be served by personal delivery, first-class recorded delivery or email to the address of the relevant Party stated in the Agreement, or to such other address as that Party may notify to the other Party in writing.
  2. A notice delivered personally or by recorded delivery shall be deemed served on the Working Day of delivery where delivery occurs before 5:00pm on a Working Day. Otherwise, delivery shall be deemed to occur on the next Working Day.
  3. An email shall be deemed delivered when sent unless the sender receives an error or non-delivery message.
Clause 6

Governing Law & Jurisdiction

  1. The validity, construction and performance of the Agreement, and all contractual and non-contractual matters arising out of or in connection with it, shall be governed by English law.
  2. The Parties submit to the exclusive jurisdiction of the courts of England and Wales.

Contact

Questions about these terms?

Contact Energenie Solutions before returning Goods or if you need clarification relating to an order.

Email: info@energeniesolutions.com

Telephone: +44 (0)203 988 0541

Energenie Solutions
Millars Three
Southmill Road
Bishop's Stortford
Essex
CM23 3DH

These terms relate to the supply of Goods. Where Energenie provides software, subscriptions, managed services, installation or other services under separate contractual documentation, the applicable agreement should be read alongside these terms.