Heating – Terms and Conditions
Heating – Terms and Conditions
Important information
If accepted, All Works completed are to be paid in full within 10 days of receiving the final invoice
(which is normally 5 days after completion of the installation)
If payment in full isn’t received within 10 days AES reserves the right to charge you interest at the
rate of 4% above the Bank of England base rate per day of late payment.
By accepting this quote, you agree with the website’s Terms and Conditions on our website
aes-smart.xyz in accepting this quote the order will be subject to stock availability, if cancelled
within 10 days of work commencing the heat pump manufacturer may change re-stocking fees, but
discussions will be held with you before this takes place.
**All certificates and warranties will be released once payment has been made in full**
Heat Pump System installation
These Terms and Conditions cover the terms on which we sell, deliver, and install your Heat Pump
System. Please read these terms carefully prior to purchasing your Heat Pump System. These terms
will govern your entire relationship with us.
We will only use your personal data in accordance with our privacy policy, which is available on our
website aes-smart.xyz.
Definitions
• “Commissioned” means the date when the works are complete, and your Heat Pump
System is functioning.
• “Contract Price” means the total price set out in the Quote which has been paid by the
purchaser of the Solar PV System to AES Smart Metering Ltd.
• “Heat Pump” means the Heat Pump System installed in a domestic premise to allow the
heating of the consumer’s home premises.
• “Quote” means a written offer from us to you detailing the scope of the planned Works you
are buying.
• “Quote Acceptance” means a written confirmation of acceptance of the Quote.
• “Survey” means an on-site, or online technical assessment of your property, ensuring your
property is suitable for a renewable heating source, in line with both government and MCS
guidelines whereby AES will assess the suitability of your premises for installation work to be
carried out
• “Survey Fee” means the initial payment made by you for the survey.
• “We” are AES Smart Metering Ltd (company number 08568952) or “AES”. Similar
expressions like “us” or “our” should be read accordingly.
• “Working Day” means any day other than a Saturday, a Sunday, or a bank holiday as defined
by the Banking and Financial Dealings Act 1971.
• “Warranty” has the meaning given to it in clause 0.
• “Works” means the sale, delivery, and installation of the heat pump System at your property
as set out in the Quote.
• “You” are the person who is purchasing the heat pump System. Related expressions like
“your” should be read accordingly.
Starting your Contract
By accepting the terms and conditions of this contract, you confirm that you are over 18 (eighteen)
years old and have the authority to enter this contract.
The contract begins once AES receives an e-signed or signed Quote Acceptance or receives
payment for the Works (whichever occurs first).
You understand that our liability to you is limited and excluded, as set out in clause 10.
AES Information
AES or AES Smart Metering is a trading name of AES Smart Metering Ltd. We are registered in
England and Wales with company number 08568952. Our registered office is at 94 Silver Street 1st
Floor Rear Offices, 94 Silver Street, Enfield, Middlesex, EN1 3EP. Our VAT number is 165478280.
AES is a member of MCS, Microgeneration Certification Scheme Certification Number NIC-600323
HEIS, Home Insulation and Energy System Certification Number AES/A/0823, RECC, Meter
Operation Code of Practice Agreement. Certificate No 0321_21 and a member of NICEIC, National
Inspection Council for Electrical Installation Contracting (Enrolment Number 616174000).
Cancellation
If we are making the Goods to Your specific measurements in advance of delivery, your rights to
cancel last for 7 days from the date of Your contract. Otherwise, your rights to cancel as a consumer
last for 14 days after the last of Your Goods are delivered.
If you order a Heat Pump System to be installed within this 14-day period, you acknowledge that
you are waiving your right to cancel your contract and charges may apply. To confirm the Works
can begin within the 14-day period you will need to confirm this in writing by signing a form stating
as such (“Early Install Form”). We will then inform you if it is possible for us to fulfill your request.
We will not refund you for any Work carried out during this period if subsequently cancelled.
If you wish to cancel the contract, you can use the form provided below in the Appendix. You must
send us a cancellation notice in writing or via e-mail to heating@aes-smart.co.uk Failure to inform
us in this manner does not affect your statutory rights. Further information on notices can be found
in Clause 0.
If you cancel your contract with us, we will reimburse you in full for any initial payments you have
made if none of the goods and services outlined in the Quote have been delivered to you or
performed.
Subject to Clause 0, We will reimburse you within 14 (fourteen) days of receiving your cancellation
any monies you are due concerning your cancellation. Where goods have been delivered, we will
reimburse you the earlier of 14 (fourteen) days after the day on which we have received the goods
back or where you send evidence of sending the goods back (if relevant).
We shall send you a new Quote if due to circumstances outside your control, the original Quote is
no longer appropriate. This new Quote will entitle you to a new cancellation period of 14 (fourteen)
days from the date the new Quote is issued, assuming no Works have been started. If you order a
Solar PV System to be installed within this new 14-day period, you acknowledge that you are
waiving your right to cancel your contract and Clause 0will apply.
Your survey is still valid for a period of 60 (sixty) days following completion of the Survey and may
be used as the basis of a new Quote for that period of 60 (sixty) days.
Where a Heat Pump System or Heat Pump Accessories have already been delivered or installed:
We will not issue any applicable reimbursement for the Heat Pump System or Heat Pump System
Accessories installed until all goods have been recovered from your property.
The level of reimbursement may be reduced by the amount of any costs reasonably incurred by us
for any goods, services, or provisions. We will attempt to minimise these costs and your regulatory
rights will not be affected.
If any services are completed or a Heat Pump System or its Accessories are delivered within the
cancellation period after you have signed an Early Install Form and you decide to cancel the
contract, clauses 0 (a) and (b) will apply.
In addition to your right to cancel during the 14-day cancellation period, you also have the right to
cancel if we commit a serious breach of our obligations in this contract.
Any repayments will be made to you via the same payment mechanism you used to make the
deposit unless you notify us otherwise.
If any of the equipment, products, or goods we supply are damaged, faulty, or otherwise not fit for
purpose at the point of time of delivery or if there are serious delays to our service, you may
request one of the following remedies only.
• reject the equipment, products, or goods and receive a full refund; or
• a repair or replacement; or
• receive a price reduction as agreed between both you and us.
You cannot seek any of the above remedies in Clause 0 if you change your mind about purchasing
any of the goods or services, or if you decide you no longer wish to have a Heat Pump Install.
Please note, our contract to you depends on further requirements which you are responsible for
ensuring are accurate, and we may cancel the contract with you if:
If your Distribution Network Operator fails to provide the relevant permissions for the Heat Pump
System installation or fails to arrange any relevant upgrade to the property to enable the Heat
Pump System installation.
If the permission of the property owner is not obtained or removed before we install the Heat
Pump System.
• Your property is deemed not suitable for a Heat Pump System install.
• You do not, within a reasonable time, allow us to deliver the products to you or collect them
from us.
• You do not, within a reasonable time, allow us access to your premises to supply the
services; or
• You have not paid the sums due for the Heat Pump System installation.
If we cancel our contract with you, we will repay you in full for any initial payments you have made
if none of the goods and services named in the Quote have been delivered to you or performed.
Where we have partially provided the services (for example, where we have had to assess your
property) we may deduct or charge you £80 as compensation for the net costs we will have
incurred.
You can find out more information about Your rights to change Your mind at
www.hiesscheme.org.uk
Your Quote and Placing an Order
After accepting these standard terms and conditions and our privacy policy, we will ask for payment
of 25% deposit of the agreed quote total.
Any Quote is an offer from us to you to enter a legally binding contract with us and is valid for 90
(ninety) days from the date it is issued.
The Installation Quote will provide the key information you require about your Installation,
installation Heat Pump System, and any other components (such as Heat Pump System Accessories)
included within our service and will state the price for all the above (inclusive of VAT).
The figures detailed in the Quote are produced based on all the information we know at the time
about your property, and existing heating system You should ensure you fully understand your
Quote, and that all the information that has been detailed within your Quote is accurate and
contains no errors.
This contract will become binding once you sign, e-sign, pay a 25% deposit, or make payment in full
to accept your Quote.
Once the Quote is signed, the deposit paid, or the full amount paid for, and only if necessary and
agreed, we will organise with you an acceptable time to complete the installation at your premises
in person to ensure the Works can be completed successfully.
If the on-site survey indicates your property is deemed unsuitable for the Installation as per the
Quote details, you will be contacted with a revised Quote, or you can cancel your installation and
any monies refunded less any reasonable expenses incurred by Us.
If changes are required to be made to the Quote or if your property is deemed as not suitable for a
Heat Pump System Install or you change your mind within the 14 days cancellation period (as
described in Clause 3.1), we will requote or refund the money in full.
Changes to your Contract
If you wish to make a change to the scope of Works set out in the agreed Quote after the contract
has been entered, please notify us of the changes you require via email to heating@aes-
smart.co.uk Any changes requested by you may potentially increase the costs of the originally
agreed Quote. If we agree to the changes, we will issue you with a revised Quote. As per Clause 0
your new Quote will include a new cancellation period of 14 (fourteen) days.
If we discover during the Works that other renovations or changes were made to your premises
after our in-person Survey was completed, and these changes impact our ability to carry out our
Work, we will tell you and aim to find an agreement on how to continue.
We will: seek to agree with you on any additional or varied work needed; and
seek to agree on additional charges that may apply in these circumstances; and
If agreed, issue you with a revised Quote, which would incorporate a new cancellation period by
Clause 3; and
If we are unable to agree to changes, either AES or you may cancel the contract as per Clause 3.
Survey
Survey Fee’s may apply, which covers the cost of the assessment of your property and verification
of its suitability for the Heat Pump System we have quoted for. Payment of the Survey Fee our
acceptance to carry this out, or our carrying out of the Survey do not constitute confirmation that
your property is suitable for the Heat Pump System and your Survey Fee is non-refundable in such
an instance.
The Survey aims to identify the suitability of your property for the Heat Pump System we have
quoted and will check to ensure your property is adequate for a heat pump system, and or what
changes to your heating system may be required according to industry and MCS standards for
installation. Should any concerns about the property be identified we will review possible avenues
to allow for a heat pump or other means of heating. but
We will always aim to deliver the Heat Pump System as specified and priced in the Quote you have
accepted. We will survey your property, and then provide a full quote we calculate the performance
in line with MCS standard calculations as detailed in the MCS Guide to the Installations of Heat
Pump Systems.
If we are unable to provide the Heat Pump System after completing your survey, we will contact
you to discuss and agree on any changes to your Quote, this may mean a change to the price in
your Quote. If we cannot agree to changes to your Quote or your property is deemed unsuitable for
a Heat Pump system, We or You will hold the right to cancel the contract. Details on cancellation
are available in Clause 3
The Installation Works
All Heat Pumps, Heat Pump Accessories, and any other equipment required as part of the Heating
System installation will:
be new and fit for purpose, unless otherwise stated; and operate as defined.
We will use our installers to complete the Works, which may include a mixture of employed
personnel and sub-contractors. All sub-contractors and employees are MOCOPA certified and will
hold relevant certifications according to their roles and responsibilities.
By entering into this contract with us you are agreeing to our use of sub-contractors to access your
property and carry out the Works. We take full responsibility for the compliance and quality of
Works completed by our sub-contractors. We will ensure our sub-contractors comply to all
appropriate and relevant regulations and installer standards, including MCS Installation standards
MIS 3005, BS 7671 Wiring regulations We are registered with the NICEIC Competent Persons
Scheme https://www.niceic.com/ and Gas Safe
During the Works or the Warranty period you will not allow any third party to tamper with, adjust,
or work on parts or any part of the Heat Pump, or heating system Install without our permission.
Upon completion of the Works, we will give you information on the Heat Pump System as required,
along with a copy of the MCS Checklist. We will provide you with details of the guarantees and
warranty which apply to the Heat Pump System. You will be asked to sign to confirm that you are
satisfied with the Work.
Title and ownership of the Heat Pump System Installed will pass to you once you have paid the
price agreed for the Works in full. You will be responsible for all care, maintenance, and insurance
of the heating system from that point. We reserve the right to access the Heat Pump System to
maintain, remove, or collect the system if you fail to make payment in full for the Heat Pump
System or if there is an unreasonable delay in making full payment.
Our Warranty
We warrant that the Heating System, Heat Pump, and Heat Pump Accessories and Works will be
free from defects for 2 (two) years following the date when the Heat Pump was Commissioned (the
“Warranty Period”). If annual servicing has taken place, and been recorded by a competent
qualified servicing installer/company
If you notify us of a defect with the Heating System or Heating System Accessories or the Works
within the Warranty Period, we will, at our option, repair or replace any of the components that are
defective or complete the required installation adjustments needed to correct the defect in the
Works, as necessary. A cosmetic issue will not be considered a defect, including reasonable wear
and tear.
Our Warranty will not apply in situations where:
• You have failed to operate or maintain the Heating System following our written directions
provided to you following the completion of the Works; or
• You allow any third party to tamper with, adjust, or work on parts or any part of the Heating
System; or
• Your property or the Heat Pump and Heating System is subjected to damage occurring
through natural disasters, acts of God, or due to human intervention, accident, negligence,
or any other matter, circumstance, or event that is not caused by us.
• The components making up your Heat Pump or Heating system are guaranteed by its
manufacturer. These guarantees are set out in your Quote, and we will provide you with
access to any guaranteed documentation relating to these components. We do not provide
any additional guarantee for the Heat Pump or Heating System
Although Heat Pumps and Heating Systems generally require little or no maintenance, there are
parts to a Heat Pump, and Heating System that may require servicing or replacement during the
lifetime of the Heat Pump and Heating System. We are not responsible for such servicing or
replacement but do offer an annual service of equipment upon request, please contact us if you
would like more guidance or information.
We recommend that you have your electrical installation inspected and a condition report on its
safety condition issued regularly. We will notify you of an issue if we notice one, we do not test
inspect, or issue condition reports on your existing installation. It is your responsibility to maintain
the integrity of your electrical system.
Our Warranty is insured by the MCS scheme. By entering this contract, you consent to us
registering your name, address, details, and value of the Heat Pump System with the MCS
administrators. You will be issued with a warranty assurance certificate and number.
In the unlikely event we cease trading you will be entitled to the following protections according to
the terms described in your insurance policy:
Any deposit or initial payment you have made will be refunded under the insurance policy excluding
the Survey Fee.
Any Works completed or in progress will be covered and fulfilled through the insurance policy
(including any of our outstanding obligations) at no extra cost to you.
You should read your insurance policy in full.
Payment
In exchange for the goods, services, and Works carried out, you must pay us the price for the Works
as set out in the Quote together with any amendments in accordance with Clause 9.
Any applicable VAT or sales tax is included in any price shown.
You must make the relevant payments for the amounts stated in the Quote and use one of the
payment methods stated.
You authorise us and our third-party payment provider to take payment and/or to charge your
payment card for the relevant amounts and at the relevant times. It is your responsibility to update
your payment card details as necessary.
If we have mispriced the Quote by mistake, we are not obliged to supply and install the heat pump
or heating system at that price provided we will tell you before installation. If we do, then you can
decide if you want to continue with the order at the right price but, if you do not, we will provide a
full refund of any payments already made.
You must contact us immediately with full details if you dispute any payment.
If any amount due to us is unpaid, or unjustifiably charged back, we may end or suspend this
agreement on email notice.
If you ‘do not’ make payment in full within the time set out in the invoice (10 days) then we reserve
the right to charge you interest at the rate of 4% above the Bank of England base rate. We may also
be entitled to recover any additional costs or legal action taken due to your late payment and
forward any outstanding charges to a third-party debt collection agency.
Consents and Permissions
By entering this contract, you are warranting that you are the owner of the property or have the
express permission of the owner and that you have all necessary permissions and consents in place
prior to the commencement of the Works.
You are responsible for notifying your home, buildings, and contents insurer that you will have a
Heat Pump installed on your property.
We are not responsible for any costs, charges, or losses that you may incur due to failure to obtain
any required consents, permissions, or insurance.
We will only use your personal data in accordance with our privacy policy, which is available on our
website.
Limitation of liability
Subject to 12.3, if a party suffers any loss or damage, as a result of the other party’s breach of this
Agreement or negligence, the other party’s total liability to the suffering party will be limited to the
Contract Price for each event that causes loss, or if several connected events cause loss, a party’s
total liability to the other will be limited to the Contract Price in total for these events.
Subject to 12.3, we will not be liable to you for:
• any loss due to circumstances beyond our control (a force majeure event);
• any loss that was not or could not have been reasonably foreseen even if we, our
employees, subcontractors, or agents did not follow this contract.
Notwithstanding any other provision of this agreement, the liability of the parties will not be limited
in any way in respect of the following:
• death or personal injury caused by negligence.
• fraud or fraudulent misrepresentation.
• any other losses which cannot be excluded or limited by applicable law, including:
• the right to receive products that are as described and match the information we provided
to you and any sample or model seen or examined by you.
• the right to receive goods of satisfactory quality; fit for any particular purpose made known
to us.
• the right to receive services supplied with reasonable skill and care and, where installed by
us, correctly installed and your statutory rights in connection with defective products.
Consents and Permissions
Residential Heat Pump installations generally benefit from “Permitted Development Rights” under
planning laws and therefore will not usually require permissions. Some instances however may
require a planning application to be lodged; these instances include (but are not limited to)
installing a Heat Pump System on a listed building. You are responsible for ensuring that any such
permissions or consents required for your installation are in place before the work starting.
By entering this contract, you are warranting that you are the owner of the property or have the
express permission of the owner and that you have all necessary permissions and consents in place
before the commencement of the Works.
You are responsible for notifying your home, buildings, and contents insurer that you will have a
Heat Pump System installed on your property.
We are not responsible for any costs, charges, or losses that you may incur due to failure to obtain
any required consents, permissions, or insurance.
Property damage.
We will repair or remedy any damage to your property that is caused by us or our sub-contractor’s
failure to carry out the Works using reasonable skill and care. If you decide minor redecorations or
touching up are necessary following the Works, these will be your responsibility.
Notices
All notices served under this Agreement will be in writing and shall be sent to the relevant parties at
the following addresses, or to such other addresses as may be designated by the parties in writing
from time to time by this Clause 0 by hand, by email as a PDF attachment, by registered mail,
postage prepaid, or by express courier service, service fee prepaid.
To AES Smart Metering Ltd (by mail):
FAO: Glenn Brewer Heating Operations Director
94 Silver Street 1st Floor Rear Offices, 94 Silver Street, Enfield, Middlesex, EN1 3EP
By Email: heating@aes-smart.co.uk
All notices will be deemed received (i) if given by hand, immediately, (ii) if by email, the second
Working Day at 9am following transmission iii) if given by registered mail, the second day following
posting, or (iv) if given by express courier service, the second day following dispatch.
Notices to you under this contract will be sent by post or hand-delivered to the billing address, or in
the case of email to the last known email address that you have provided. We will treat such notices
as having been received 2 (two) days after we have sent them to you unless we receive evidence to
the contrary
Heat Pump System registration.
After your Heat Pump or Heating System has been Commissioned and when we hand it over to you,
we will provide you with a completed MCS certificate that will verify that your Heat Pump System
meets the required standards. Your MCS certificate will also be live on the MCS database.
We will ensure that your Heat Pump and Heating installation will meet the requirements set out by
OFGEM to qualify for the Boiler Upgrade Scheme (BUS) if applying.
Complaints Procedure
We are confident that there won’t be a reason for you to complain about our service or there will
be no disputes relating to the contract. However, if you do have a complaint or wish to open a
dispute, please contact us here at resolutions@aes-smartmetering.com in the first instance to
attempt to resolve the issue or dispute informally. Please see our Complaints Policy below or on our
website https://aes-smart.xyz for more details:
The complaint is received by the prescribed method, including email and telephone calls.
The complaint is logged by our designated complaints handler on a dedicated complaints log.
If the complaint refers to office-driven functions, the dedicated complaints
handler will initially investigate the complaint and act accordingly. In the absence of the designated
complaints handler, the complaint will be investigated by the nominated appointee. Any resulting
actions will be reported back to you within 5 Working Days, and if required, communicated to the
team member(s) and team leaders responsible so lessons can be learned.
For all other complaints, you will be contacted initially via telephone to discuss the
complaint and we will endeavour to resolve the complaint swiftly. You will be initially contacted
within 24 hours of making the complaint (if received during Working Hours). We will make at
least 3 attempts at contacting you by telephone call to follow up on the complaint. The 3 attempts
will be made within 5 Working Days of the complaint receipt and the call.
The times and dates will be recorded of the attempted calls. If we are unable to make contact
with you after attempting contact by telephone call three times, an email will be sent to you via the
resolutions@aes-smartmetering.com mailbox. Please ensure you whitelist this email if you are
waiting for a response from us and please check junk email within the 5 Working Day
timeframe. This email will state that the complaint will be closed if no response is received and if
you wish to re-open the complaint you can by calling us.
If the complaint is technical and a technical visit is required, the complaint will be passed to the
field team to organise an incident report visit. The initial contact to you should be within 24
hours by the complaint’s handler, advising that the complaint has been received and it will be
actioned by a member of the field team.
The field team has 3 Working Days from receipt of the complaint to contact the customer and
arrange a technical visit. If no further contact is made with the customer, 3 attempts will be made
by the field team and then the complaint will be passed back to the complaint’s handler to follow-
up. The final attempt will be via email from the resolutions@aes-smartmetering.com mailbox. This
email will state that the complaint will be closed if no response is received and if you wish to re-
open the complaint you can by calling us.
Following successful contact, the complaint is investigated by an appropriate individual allocated
responsibility for initially investigating the complaint.
Any lessons learned from the complaint investigation are communicated to the relevant business
area and taken forward as a corrective/preventative action.
The volume and nature of complaints are analysed and reported at the management review.
If we cannot reach an agreement informally, we will arrange to resolve the issue using mediation or
arbitration depending on the nature of the dispute.
Additional Conditions
We may subcontract, transfer, assign, or novate any or all of our rights or obligations under the
contract without your consent. This will not affect your rights under the contract.
You may not transfer or assign or novate the contract or any of your rights under it without first
obtaining our written consent.
If we do nothing or delay taking action, when you breach the contract, we will still be entitled to
take prompt action to enforce a similar or subsequent breach of the contract by you.
If any part of this contract is declared invalid or is void or unenforceable, the validity of the rest of
the contract will not be affected.
The laws of England and Wales apply to this contract as appropriate to the location of the property.
If the location of the property is in Scotland, the laws of Scotland will apply.