10. Your consumer right of cancellation and refund
This Clause only applies if:
10.1 If you are a consumer, you have a legal right to cancel this Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within the period set out below in Clause 10.2. This means that during the relevant period if you decide for any reason that you do not want Evolve to carry out the Work, You can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.2 Your legal right to cancel this Contract starts from the date of the Acceptance Acknowledgement (the date on which we (or SGN Connections Limited on Our behalf) email you to confirm our Acceptance of your Application), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what element of the Contract you are cancelling (i.e., services or products (if applicable)) as set out in the table overleaf.
10.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Domestic Connections Cancellation Form which can be found on our website using the following link evolvenetwork.co.uk. A link to the website cancellation form is also included in the Acceptance Acknowledgement. If you use this method we will email you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is enclosed with these terms and conditions.
10.4 You can also email us at info@evolvenetwork.co.uk or contact our customer service team by telephone on 0800 975 7774 or by pre-paid post to Evolve Limited, Blackwater House, 14 Silverwood Industrial Estate, Lurgan, BT66 6LN. If you are emailing or writing to us please include Your Quotation reference number. If you send us your cancellation notice by email or by pre-paid post, your cancellation is effective from the date you send us the email or post the letter to us. If you send us your cancellation notice by pre-paid post, then you will also need to obtain proof of postage so we can be clear about the date on which you posted your cancellation notice. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period and can show proof of postage or email to us before midnight on that day . If you notify us of your cancellation by telephone, the cancellation is effective from the date of the telephone call.
10.5 If you cancel your Contract, we will:
10.5.1 Refund you the price you paid for the Work
10.5.2 Make any refunds due to you as soon as possible and in any event within 30 calendar days of the day on which you gave us notice of cancellation as described in Clause 10.4
10.6 We will refund you in the manner you originally paid (for example if you paid by cheque, we will send you a cheque). If your payment was made by BACS this will also be refunded by cheque.
10.7 Subject to Clause 9.8, we will not carry out the Work until the period in which you are entitled to cancel the services element of the Contract has expired.
10.8 If you would like the services element of the Contract to be performed within the cancellation period stated in the table at Clause 10.2 you will lose your right to cancel the Contract in relation to the services element of this Contract. If you would like us to carry out the Work within the cancellation period, please send us a request in the form set out below: “I/We hereby request immediate performance of the Work and acknowledge that I/we will lose my/our right of cancellation of the Contract once the Work has commenced.”
10.9 On receipt of your request we will assess the request in the context of existing workloads and we will advise you whether your request can be accommodated.
10.10 If you cancel the Contract before the Work has been fully performed, you will need to pay for the Work (including, without limitation, our cost for reinstating your property, the cost of any local authority permits, any costs relating to road traffic management, and lane rental) up to and including the point you cancelled the Contract. We will inform you of the amount as soon as practicable following the cancellation. We will refund the money you have already paid less our reasonable costs incurred for Works already completed and any reinstatement cost. If the cost of the Work is more than the amount you have already paid, we will send you an invoice to cover this amount. You will be required to pay this invoice within 30 days of receiving the invoice.
12. Evolve's liabilities to customers This Clause 12 only applies:
12.1 If we fail to satisfy our obligations under this Contract, then subject to Clause 12.7 Evolve is responsible for loss or damage suffered by you that is a foreseeable result of our breach of this Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt loss or damage is foreseeable if they were an obvious and direct consequence of our breach or if they were contemplated by the Customer and Evolve at the time we entered into the Contract.
12.2 As we will be installing certain products and providing you with services in carrying out the Work in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre- existing faults or damage to your property we discover in the course of installation and/or performance by us. For the avoidance of doubt, if we are unable to match or source an identical part to the one that has been damaged, we will use all reasonable endeavour to match or source a replacement part that is easily available on the open market.
12.3 Any products and/or services supplied by us in the performance of the Work is for domestic and private use only. You agree not to use any products or services supplied by us for any commercial, business or re-sale purposes.
12.4 Nothing in this Contract limits or excludes or limits our liability for:
12.4.1 Death or personal injury caused by our negligence
12.4.2 Fraud or fraudulent misrepresentation
12.4.3 Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
12.4.4 Breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
12.4.5 Any breach of the terms implied by section 13 to 15 of the Supply of Goods and Services Act 1982 (care and skill, time for performance and consideration)
12.4.6 Defective products under the Consumer Protection Act 1987
12.5 Subject to Clause 12.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.5.1 The cost of repairing any pre-existing faults or damage to the Site or surrounding property we discover in the course of installation and/or performance by us
12.5.2 Any loss of profits, sales, business, or revenue
12.5.3 Loss or corruption of data, information or software
12.5.4 Loss of business opportunity
12.5.5 Loss of anticipated savings
12.5.6 Loss of goodwill
12.5.7 Any indirect or consequential loss
12.6 We will not be liable or responsible for any of your losses arising from any delay in performance of the Work or Additional Work that is caused by:
12.6.1 Incorrect information provided by the Customer in the Application
12.6.2 The assumptions set out in Clause 6.2 being incorrect, due to incorrect information provided by the Customer
12.6.3 Unforeseen ground conditions which cause the Work to be re-planned
12.6.4 Requirements and timings of the relevant local authority that are unilaterally imposed on us
12.6.5 Events outside of our control
12.7 Subject to Clause 12.4, our maximum liability to you under this Contract will be limited to a full refund of the price paid to us by you.
