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TERMS OF SUPPLY OF SERVICES

General

1. These Terms set out the terms and conditions under which Downs (Insulation and Electrical) Limited ('the Company') carries out cavity wall insulation measures for its customers ('the Customer'). They are to be read in conjunction with the Insulation Survey and Grant Contract Order Form ('the Form') signed by the Customer for the work concerned ('the Work'). 2. These Terms give no rights to, and the Company has no obligation to, any party other than the Customer in respect of the Work. 3. The Company relies on the information about the Customer and the property where the Work will be carried out ('the Property') contained in the Form and the Customer will be liable for any loss suffered by the Company if that information is inaccurate.

Grant

4. The Work will be partly or wholly paid for by grants available through energy suppliers. The Company is under no obligation to carry out the Work unless those grants are available at the time the Work is carried out. If the relevant grant scheme is suspended or withdrawn before the Work is carried out, the Company will notify the Customer as soon as reasonably possible but will have no other liability to the Customer. 5. The Company assesses the eligibility of the Work for grant funding and the amount, if any, of any payment to be made by the Customer, based on the information contained in the Form and in particular that concerning the age and benefit entitlement of the Customer. 6. The Company will share details relating to the Property and Work, but not the Customer's name, with the Department of Energy and Climate Change (and where appropriate the Scottish Government and Welsh Assembly Government) and the Energy saving Trust. The information will be treated in strict confidence in accordance with the Data Protection Act and the Code of Practice for Official Statistics, and will only be used for the purposes of research and statistical analysis and to assist in the targeting of energy saving activity. Cavity Walls 7. The Company cannot be certain from survey that all parts of the Property are suitable for insulating. If after the Work starts some walls are found to be unsuitable, the Company may cancel the Work (without liability to the Customer) or continue the Works in respect of the suitable walls (in which case the amount, if any, payable by the Customer will be reassessed to reflect the actual area of suitable walls [above the standard area for grant purposes for the type of property concerned][ but no less than the pre-set cost for the Property type under the grant scheme concerned]). Payment 8. Any payment to be made by the Customer will be calculated in accordance with the grant scheme for which the Works are eligible and the amount stated (inclusive of VAT) on the Form. The amount stated must be paid by the Customer within 14 days after receipt of the Company's invoice. The Company reserves the right to require payment in cash. The Customer is not entitled to any right of set off or to make any other deduction before payment. 9. Interest will be payable on any amount payable by the Customer which is overdue calculated at 15% per annum on a daily basis from the date of completion of the Work.

Installation

10. The Company will agree an installation date with the Customer and will use reasonable endeavours to start the Work on that date or as soon as possible afterwards. The Customer is not entitled to cancel its order for the Work or claim any loss, if the Company does not meet the agreed installation date. 11. The Customer must provide, without charge, unrestricted access to the Property and a supply of electricity and water for the Company's use in carrying the Work. The Company will make all reasonable efforts to avoid damage to any plants or ornaments at the property and is entitled to cut back any plants and remove any ornaments that may be necessary to complete the Work. 12. The Work may involve drilling through external walls which results in dust, noise and vibration affecting the inside of the Property. The Customer must ensure that any items that may be affected by such dust and noise are removed to a safe place or otherwise protected before the Work commences. The Company will use reasonable efforts to colour match filled holes with the surrounding wall but does not guarantee a precise match. 13. The Company relies upon the Customer to identify the route of any electricity cables, water pipes or gas pipes that may be affected by the Work. The Company accepts no liability for damage to electricity cables, water pipes or gas pipes which are no identified by the Customer or apparent on inspection before the Work commences. 14. On completion of the Work (including making good any defective work and/or repairing any damage caused), the Customer must sign the Company's completion statement. Failure to do so prevents the Company receiving payment of any grant and will leave the Customer liable for the full cost of the Work.

Liability

15. The Company's liability for any defect in the Work or otherwise for any breach of its agreement with the Customer shall not extend to any loss or liability which is not an obvious consequence of the defect or breach concerned at the time the Work commences. For this purpose, loss of profits or other financial loss and any loss arising from the Customer having to be at the Property while or until any remedial work is carried out, shall be treated as not being an obvious consequence of the defect or breach concerned. 16. The Company shall be entitled at its option to make good any defective work and repair any damage to the Property and shall only be liable for the costs of remedy or repair by others if it fails to do so. 17. The Company will not be liable to the Customer for any failure due to a cause beyond the Company's reasonable control, nor the Customer to the Company for a cause beyond the Customer's reasonable control. 18. The Company's liability for all loss, damage or other claims in respect of the Work shall be limited to £1,000,000. 19. The Company's liability for death or personal injury is not limited by these Terms.

Cancellation

20. The Customer is entitled to cancel its order for the Work without liability to the Company by sending a letter by first class post or delivering a letter to the Company within 7 days after the date the Customer signs the Form. 21. The Company may cancel its agreement with the Customer to carry out the Work if the Customer does not meet its obligations under these Terms and in consequence the Company is unable to carry out the Work or is significantly delayed in doing so. The Company will cancel by giving the Customer written notice to that effect.

Representations

22. The Company shall have no liability for any representation made to the Customer before the Form is signed by the Customer unless such representation is in writing signed by a representative of the Company or contained in the Company's product literature.

Audit and complaints

23. The Customer agrees that the Company and any grant provider may, on reasonable notice, attend the Property after completion to inspect the Work. 24. [Details of a complaint procedure and any trade association procedure to be inserted here].

Provision of Services Regulations

25. The Company is incorporated with limited liability in England and Wales with number 1130117. Its registered office, place of business and contact details are set out on the Form. It VAT registration number is [ ]. 26. The Company is a member of [insert name of any trade body or association].