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We build the hardware and install the system
Draft — pending legal review
These terms are a working draft. They have not been reviewed or approved by a solicitor, they have not been adopted by AmpereArc Ltd and they do not currently govern any order. Items marked LIKE THIS are commercial decisions that must be made and verified before publication.
Legal
We sell hardware and we install it, which are two different relationships with two different sets of risks. These terms try to say which is which in language you can act on, rather than burying the important clause at number 34.
They are between AmpereArc Ltd (“we”, “us”) and the person or business named on the quotation or order (“you”). They apply to equipment we supply, work we carry out, and both together.
Where your order refers to a written quotation, specification or scope of works, that document and these terms are read together. If they conflict, the quotation wins on scope and price and these terms win on everything else.
If you are buying for purposes wholly or mainly outside a business, you are a consumer, and UK consumer law gives you rights that no contract term can take away. Where a clause below applies only to one kind of customer, it says so.
Nothing in these terms limits your rights under the Consumer Rights Act 2015 — goods must be of satisfactory quality, fit for purpose and as described, and services must be carried out with reasonable care and skill.
If you are buying as a business, these terms are the whole agreement between us, and you accept that you have not relied on any statement not written into the quotation.
We do not price installation work off a photograph and a phone call. A quotation for installed work follows a survey, and a quotation issued before a survey is an estimate.
Most installation disputes are really disputes about what was already there. To avoid that, you are responsible for the following and we are responsible for the work itself.
If we attend on an agreed date and cannot work because access, permissions or site conditions are not as agreed, we may charge a reasonable abortive-visit fee.
Connecting generation or storage to the network needs your distribution network operator’s agreement. We will prepare and submit the application for you where the quotation says so.
Either of us can propose a change. Nothing changes the price or the scope until it is agreed in writing — a variation confirmed by email is enough. Verbal instructions on site are the single most common cause of a disputed final invoice, so we will always come back to you in writing before doing extra work.
If you are a consumer and the contract was made away from our premises or at a distance, you have 14 days from the day after the contract is made to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Tell us in writing; you do not have to give a reason.
If you are a business, or you cancel outside the statutory period, cancellation charges are those set out in your quotation and reflect committed costs — stock ordered, scheduling, survey and design work already done.
Manufacturer warranty terms for AmpereArc equipment are NOT YET PUBLISHED and are not incorporated into these terms until they are.
Workmanship on installed work is warranted for PERIOD from commissioning.
Third-party equipment we supply but do not manufacture carries its manufacturer’s warranty, and we will pass through and support a claim under it.
Warranty does not cover damage from misuse, unauthorised modification, work by others, or operating the equipment outside its published environmental limits. How to raise a fault and what happens next is set out on the support page.
Some liability cannot be limited by anyone, and we do not try to. We do not exclude liability for death or personal injury caused by our negligence, for fraud, for defective products under the Consumer Protection Act 1987, or for anything else that cannot lawfully be excluded.
If you are a consumer, we are responsible for loss that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable.
If you are a business, our total liability in connection with a contract is limited to LIABILITY CAP, and we are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of data or any indirect or consequential loss.
Neither of us is liable for failure caused by something outside our reasonable control, including network operator delay, supplier failure, extreme weather and industrial action. Where that happens we will tell you and agree revised dates.
Drawings, schematics, schedules and designs we produce remain ours. You get a licence to use them for the operation, maintenance and repair of your own installation — including handing them to another contractor — but not to reproduce them for another project.
Equipment we manufacture, and the software in it, is licensed to you for use with that equipment. Nothing here transfers ownership of it.
Write to Info@amperearc.com or call +44 7766 130423. Tell us what happened, what you would like done, and the serial number or order reference if you have one.
Acknowledgement and resolution timescales, and any alternative dispute resolution scheme we belong to: TO BE CONFIRMED
These terms are governed by the law of JURISDICTION and the courts of JURISDICTION have exclusive jurisdiction.
If you are a consumer resident elsewhere in the UK, you keep the right to bring proceedings in the courts of the part of the UK you live in.
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