Your Solar Installation T&C's

1. Introduction

1.1 These terms and your Fast Quote and (if applicable) any Additional Works Quote shall form the contract between you and Octopus Energy Services Limited (company number 10434397) (“we”, “us”, “our” and “Octopus”) for the installation of your solar photovoltaic (PV) system.

1.2 For the purposes of these terms, “solar PV” and “solar PV system” mean the solar photovoltaic panels, inverter, storage battery, controls, electrical hardware, wiring, fittings, ancillary components, any external modifications to the home including the roof, any internal modification to the home, earthworks, and other materials installed as part of the agreed solar PV system design.

1.3 These terms are based on the information you have provided to us in your online application form. If any of this information changes you must let us know immediately as it may impact your Fast Quote and/or our ability to complete your installation. By completing an application form you confirm that you agree to be bound by these terms.

2. Eligibility

2.1. To be eligible for us to install a solar PV system at your property you must complete our application form accurately and in full, have the legal right to have the solar PV system installed (both internal and external to your home) and obtain any required planning or building approvals required for your installation (collectively referred to as the “Eligibility Criteria”).

2.2. If any of the Eligibility Criteria have not been satisfied, we will not complete the installation until they are (assuming the solar PV system and/or associated components have not already been installed). Where your solar PV system has already been installed either in part of in full:

3. Our Charges

3.1 If we consider your property is likely to be suitable for a solar PV system, we will provide you with a price for this work (the “Fast Quote”). The Fast Quote is an estimated price based on the information you provided, and entitles you to the following standard installation components and materials:

3.2 Your Fast Quote price includes the labour costs to complete your “Standard Installation”. A Standard Installation is an installation requiring only minor modifications to your home’s interior and exterior finished surfaces and adjacent grounds. Standard Installation labour does not include major modifications to your home’s roof, walls, or any structural members, any underground works, or other works deemed abnormal by our solar PC installation experts.

3.3 Any Fast Quote that we provide is based on your answers about the relevant technical details of your home, which you provided to us as part of your application. Where we determine the technical details of your home differ from the answers you provided, we reserve the right to void your Fast Quote and issue a new quote or quotes based on those details in line with clause 4.2 below.

3.4 The Fast Quote does not include changes to your home’s electrical service that your Distribution Network Operator (DNO) may require, such as unlooping, or a three-phase (3-phase) power connection. If your home requires a main fuse (service cut-out) upgrade, we may be able to undertake these works for you, but where we are not allowed to do these additional works, your DNO may levy a separate charge for doing them.

3.5 Any Fast Quote we provide constitutes a fixed price for a Standard Installation that meets or exceeds Microgeneration Certification Scheme (MCS) standards and is not subject to reduction or discount from any customer-requested modifications of the system design.

3.6 Any Fast Quote that we provide will be valid for thirty (30) days.

3.6.1 Should you wish to proceed with your Fast Quote after such time, we may, at our
discretion, elect to issue a new Fast Quote.

3.6.2 After such time, where we have failed to contact you after reasonable attempts,
we may, at our discretion, cancel your Fast Quote.

3.7 In the event that we issue a Fast Quote with incorrect details (including price), we
may at our discretion, issue a corrected Fast Quote based on the information you
provided.

3.8 To accept the Fast Quote and proceed with the installation of a solar PV system, you
must make a £500 advance payment via a payment system provided to you via
webpage or email. This advance payment is fully refundable as set out in clause 4 below.

4. Site Survey and Suitability

4.1 Even where you meet the Eligibility Criteria, there may be other factors which would prevent us from completing the installation or which would require additional works to be carried out first. We may, at our discretion, elect to conduct an on-site survey following the payment of your advance payment in line with clause 3.6 to assess whether your property is suitable for our solar PV Standard Installation service. We will advise you if we are unable to proceed with a Standard Installation.

4.2 Where we identify that your home is not eligible for our Standard Installation service, but that an installation is possible provided additional works are completed (“Additional Works”), we shall contact you and provide you with a quote for the additional cost. This quote shall either be a separate “Additional Works Quote” or an amended final sale price in your final sale contract, which we will issue to you following completion of your home survey and solar PV system design (the “Contract Pack”).

4.3 You may elect to accept the Additional Works Quote or Contract Pack via a link provided to you by web or email. Payment will due upon completion of the solar PV system installation in line with section 7. Should you not wish to accept the Additional Works Quote or the Contract Pack, we will refund your advance payment in full.

4.4 Where we identify factors that prevent us from completing an installation even with additional works, we will refund your advance payment in full.

4.5 Where we deem your home to be suitable for a solar PV installation in accordance with our Standard Installation service criteria and any required Additional Works, we will perform the installation with reasonable skill and care, in a good and workmanlike manner and in accordance with the standards set by the MCS. We shall comply with all applicable laws.

4.6 The exact make and specification of all components and materials shall be at our sole discretion and any changes to the specified schedule of materials and components, including any requested third-party components or materials, will be at our discretion.

4.7 We will not make use of components or materials that cause, or are likely to cause, the installed solar PV system to fail to meet MCS performance standards.

5. System performance

5.1. We will provide you with an estimated output factor for your system.

5.2. Where we determine environmental shading will affect your solar PV system, we will estimate your output factor based on a methodology that is functionally equivalent to the MCS methodology, but that allows for use of an extended performance scale to deliver accurate calculations for larger solar PV arrays.

5.3. We guarantee your system will, at the time of installation and commissioning, deliver at least 90% of the energy output (in kWh) figure given in your performance estimate based on the environmental shading and other known factors that we are reasonably able to incorporate into your performance estimate at the time the estimate was issued.

5.4. Where we are unable to ascertain some system characteristics directly, your system performance calculation may be undertaken using assumed values for array orientation, roof & panel inclination, and environmental shading. Actual performance may be significantly lower or higher if the characteristics of the installed system vary from the assumed values.

5.5. If we have had to estimate or take remotely any of the factors that affect this estimate, we will carry out a full site survey before installation commences. If this survey results in a lower performance estimate than in this quote, you may choose to continue with the installation under the new performance estimate or exercise your cancellation rights per section 6.

5.6. Please note that any information provided in relation to your product (including but not limited to the performance, suitability, output, potential savings) are provided as estimates only and are not binding representations, statements, undertakings, warranties, guarantees or promises as to the outcome of the product.

6. Cooling off period and Rescheduling Your Installation Date

6.1. Our contract with you for the installation of a solar PV system as set out in your Fast Quote/Additional Works Quote and/or Contract Pack (together the “Installation Contract”) shall be formed upon you signing and returning the Contract Pack described in clause 4.2.

6.2. You have a 14-day “cooling off period” that runs from the day you accept the Installation Contract. During that time you can cancel the Installation Contract and we will refund any money you have paid, provided that our engineers have not already started working on your installation (see clause 6.3).

6.3. You agree that we can, at your request, start work before the end of the cooling off period. Where you ask us to do this, you agree that we can charge you for any goods delivered or services carried out by us up to the point you notify us that you wish to terminate the Installation Contract, as detailed in clause 2.2.

6.4. After your 14-day cooling off period has expired, you have a further “risk-free” cancellation period that runs until the earlier of 24 hours prior to your agreed installation date, or 17:00 UK time on the last business day prior to your scheduled installation. During this time you can cancel the Installation Contract for any reason and request a full refund of your advance payment.

6.5. After the expiration of the “risk-free” cancellation period in clause 5.4, you may still cancel the Installation Contract and request a refund of any monies paid to us, but we will deduct any applicable charges for any goods delivered and services carried out by us up to the point you notify us that you wish to terminate the Installation Contract, as detailed in clause 2.2.

6.6. Where you have accepted the Installation Contract and we are unable to contact you for a period of thirty (30) days following reasonable attempts, we may, at our discretion, cancel your Installation Contract and refund any monies paid to us. We will deduct any applicable charges for any goods delivered and services carried out by us up to the point your Installation Contract is cancelled due to lack of contact.

6.7. You may reschedule your installation date, but you must give us at least 24 hours’ notice working days’ notice if you want to do this, or we may, at our discretion, charge you a fee of up to £150. To reschedule your appointment or cancel your Installation Contract please call us on 0808 196 6842.

6.8. We may reschedule your installation date at our discretion, which will affect your wait time. Where we change your date, the periods and right of cancellation in clauses above remain in force.

7. Your Obligations and Confirmations

7.1. You agree to:

7.1.1. promptly provide us with any information we request and comply with our
reasonable requirements;

7.1.2. make all necessary preparations to your home for your installation as set forth in
your Contract Pack;

7.1.3. comply with all applicable laws, planning authority instructions, and obtain all
necessary consents which we require to install the PVs; and

7.1.4. provide us with safe, free, and unobstructed access to your property to carry out
the installation.

7.2. If you fail to cooperate with us or meet these obligations, we may cancel or delay your installation and charge you a cancellation fee of up to £150.

7.3. You are responsible for paying us for your Fast Quote and/or Additional Works Quote in accordance with the payment terms provided by us. You are responsible for paying the full and final price set forth in your Contract Pack and any Additional Works Quote(s) within five (5) business days of us completing your installation. If you do not make any payments on time, we may:

7.3.1. pause or cancel any export tariff linked to your unpaid solar PV system

7.3.2. take such steps as are necessary to recover the sums due to us, which may
include employing a debt collection agency;

7.3.3. provide information about your non-payment to credit reference agencies, which
may impact your ability to get credit in the future;

7.3.4. recover from you all costs incurred by us in pursuing your non-payment, including
bank charges due to cancelled or failed payments, the cost of visiting you, including
through any debt collection agency; and/or

7.3.5. charge interest at the rate of 4% above the Bank of England Bank base rate at the
relevant time on all outstanding charges from the date the charges first became overdue
until the date you make payment of such charges.

7.4. In purchasing any product under these terms and conditions, you confirm, acknowledge and agree that:

7.4.1. you will be the end user of the products purchase and you confirm that you will be
the system owner and operator for the purposes of any Manufacturer Warranty;

7.4.2. the products are not rated for life-support, critical or medical device use, and you
will not use the products purchased for life support or for any medical purpose, or in any
scenario where the failure of power supply could lead to loss or life or personal injury;

7.4.3. you shall not modify, alter, or tamper with the product;

7.4.4. you shall not move your product from the location of installation without our
consent;

7.4.5. you shall ensure the product is connected to a stable internet connection at all
times;

7.4.6. you shall remain the end user of the product, or notify us not less than 30 days in
advance if you intend to change the end user of the product; and

7.4.7. you shall (a) download and install any relevant manufacturer software, and (b)
keep your product up to date with the latest software and product updates as made
available from time to time by or on behalf of the manufacturer.

7.5. You shall indemnify Us, and hold Us harmless, against any and all loss, damages,
claims and expenses we suffer as a result of Your breach of the terms of clause 7.4.

8. Warranty

8.1. We are not the manufacturer of the products to which these T&Cs relate and we do not provide any warranty, or take any responsibility or liability, in relation to any product purchased. Your product sold by us may include a product warranty granted by their manufacturer against certain defects and failures (Manufacturer’s Warranty), and you should check the status of any Manufacturer Warranty before purchasing any product to ensure you understand the protections the manufacturer will provide you with. The specifics of what is covered by your Manufacturer Warranty will depend on the manufacturer (such as the length of the Manufacturer Warranty, and the scope of coverage).

8.2. You must register your Manufacturer Warranty in order to benefit from it, and you acknowledge and agree that We shall have no responsibility for your failure to comply with the terms therein and/or any failure to register for, or to activate the product in accordance with, the Manufacturer Warranty. We are not responsible for, and take no liability in relation to, failure of any product (save where such failure directly results from a failure to install in accordance with these terms) or any ineligibility of the Manufacturer Warranty. Any claims for product failure must be made directly to the manufacturer and will be governed by, and run in accordance with, the terms of your Manufacturer Warranty.

8.3. We shall provide you with an installation workmanship warranty following completion of your product installation (Installation Warranty). The Installation Warranty and the terms therein shall set out your sole and exclusive remedy in relation to our installation of your product.

8.4. After we have completed the installation of your solar PV system, you will be responsible for maintaining it to ensure that it continues to operate in good working order.

8.5. Warranties and guarantees do not cover accidental damage, misuse, or failures due to lack of recommended maintenance. We reserve the right to limit our workmanship guarantee where any other company or individual has conducted subsequent work on the system.

9. Complaints

9.1. We hope you don’t have any need to complain, but if you do wish to make a complaint, please email solar@octopus.energy and/or contact the Home Insulation & Energy Systems Quality Assured Contractors Scheme (HIES) and we will do our best to resolve the issue with you. Further details can be found at https://octopus.energy/unhappy-home-tech/

10. Data Protection

10.1. You agree that we may use any personal data that you provide to us in accordance with our Privacy Policy which is available on our website at https://octopus.energy/policies/privacy-policy/, and as set out in these terms.

10.2. As members of HIES/NAPIT, we may provide relevant customer contract data to them in support of their quality monitoring procedures.

10.3. You agree that we may receive telemetry, diagnostic, and other system performance data from your installed solar PV system, to include control modules, inverters, batteries, and other installed digital devices, whether or not you are under an energy import or export tariff agreement with us. Such data will be transmitted via your solar PV system’s control device. Any use of such data by ourselves will be conducted in accordance with applicable laws and our Privacy Policy.

10.4. You agree that we, through our mobile application for Apple iOS or Google Android mobile operating system and selected third party tools and services, may send and receive telemetry, diagnostic, other system parameters and performance data.

10.5. You agree that we may access your solar PV system remotely to allow control of the operation and functions of your system or its installed digital components through our
mobile application, or by other remote means. This may include deciding to control the output of your solar PV system within its normal operational parameters (per manufacturer’s specification), and maintaining temperature thresholds set by you.

10.6. You agree that, where you are under a flexible energy import or export tariff (“SmartTariff”) agreement with us, you agree that we may, through our digital systems, remotely access your installed solar PV system for the purpose of controlling its operation and functions as required to deliver optimised system performance (“optimisation”) in support of your Smart Tariff.

10.7. You agree that to the extent that any installation, repair, maintenance or management is required in respect of your solar PV system or any related controls, you (or the homeowner, if different) shall agree a suitable time with us for such works to take place during our normal business hours, and you shall (a) take reasonable care of your solar PV system and any associated equipment; and (b) ensure that your solar PV system is at all times switched on and connected per the manufacturer’s instructions to ensure continued use.

10.8. You agree that we may share your personal data with any underlying product provider or manufacturer to assist with the provision of services under these terms and conditions, including but not limited to the delivery, installation and maintenance of your product.

11. Liability

11.1. We will not be liable to you for:

11.1.1. any loss relating to defects in any product which do not directly arise from our
installation of the product;

11.1.2. Any loss due to circumstances beyond our control (Force Majeure event);

11.1.3. Any loss which is indirect, consequential, economic or financial including loss of
profit, revenue, goodwill, business, contractor wasted expenses;

11.1.4. Any loss which was not or could not have been reasonably foreseen even if we,
our employees, subcontractors or agents did not follow these terms; or

11.1.5. Any loss suffered as a result of the act or omission of a third party; and

11.1.6. Any losses that arise due to your act, omission ,negligence or default.

11.2. If you suffer any loss or damage, our responsibility to you will be limited to the cost of the goods and services provided to you under this agreement, up to a maximum of £7,500.

11.3. We do not limit or exclude liability for death or personal injury caused by our negligent acts or omissions, or for any other liability which cannot be excluded or limited under applicable law.

12. Finance

12.1. Finance is offered through Zopa Embedded Finance Limited, trading as DivideBuy, which is an appointed representative of Zopa Bank Limited, which authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority and entered on the Financial Services Register (800542 & 993200) (Zopa). Zopa Embedded Finance Limited (14602085) is incorporated in England & Wales and has its registered office at: First Floor, Brunswick Court, Brunswick Street, Newcastle-under-Lyme, ST5 1HH. VAT Number 439973733

12.2. Octopus Energy Services Ltd is an appointed representative of Octopus Electric Vehicles Ltd and is a credit broker and not a lender. Octopus Electric Vehicles Limited is authorised and regulated by the Financial Conduct Authority, firm reference number 809736. You agree to us sharing your personal data with Zopa where you wish to apply
for financing from them.

12.3. The finance agreement shall be between you and DivideBuy. DivideBuy can arrange fixed-term loans of 3, 5, and 7 years, with a fixed interest rate of 9.9% per annum. Acceptance of your application for finance shall be at Zopa’s absolute discretion

12.4. In the event that you intend to make alterations to your solar system subsequent to finalising your finance agreement, resulting in an increased borrowing amount, you will need to initiate the finance application process again. This is because the finance offer will be based on your final price

12.5. You acknowledge and agree that to the extent we agree to provide you with a refund of any sum in relation to your solar PV system (other than the deposit referred to in clause 12.7), we are required to pay such sum to Zopa by way of a reduction to your outstanding
finance balance, rather than to pay such sum to you directly.

12.6. As we have no direct relationship with the finance product, we are unable to address any finance-related queries and/or complaints, and you will need to reach out to DivideBuy directly. Their details can be found here. We accept no responsibility for nor any liability in relation to the financing of your product.

12.7. The finance agreement covers the entire system price. Therefore, where we have taken a deposit from you, that amount will be refunded to you after both the sales agreement with us and the finance agreement with DivideBuy have been entered into.

13. General

13.1. We can change these terms and conditions at any time, which may include situations where it is necessary for us to comply with any laws, or other rules that we are obliged to follow.

13.2. We will inform you of any changes and the latest copy of our terms and conditions will be available on our website.

13.3. We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover the charges) or obligations under this contract without your consent. This will not affect your rights under this contract.

13.4. You may not transfer the contract or any of your rights under it without first obtaining our written consent.

13.5. If we do nothing, or delay taking action, if you breach this contract, we will still be entitled to take action later if we wish.

13.6. Notices to you under this contract will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided. Notices to us under this contract must be sent by post to Octopus Energy Services Limited, UK House, 5th Floor, 164-182 Oxford Street, London, W1D 1NN, with a copy emailed to solar@octopus.energy.

13.7. If any part of this contract is invalid or is void or unenforceable, it shall not affect the rest of the contract.

13.8. The laws of England and Wales apply to this contract and any disputes arising shall be dealt with exclusively by the English courts.

Version 8 - updated on 09 May 2024.