Terms & Conditions


1.Definitions

In these Terms, the following words will bear the following meanings (save where the context otherwise requires):

Contract means the contract between You and Us, which includes these Terms;
Delivery means the delivery services that We provide to You under the Contract;
Goods means the items that You purchase from the Website;
Order means Your order for Goods and Delivery, placed on the Website;
Premises means the address to which You ask Us to Deliver the Goods;
Terms means these terms and conditions, which We reserve the right to review from time to time. Any changes to the Terms will take effect from the date they appear on the Website;
We/Us/Our means ScottishPower Energy Retail Limited;
Website means the website at www.scottishpowershop.co.uk
You/Your means the person that places an Order with Us.

2. Status of Terms

2.1 By placing an Order with Us, You’re accepting these Terms, as well as our Privacy Policy.
2.2 These Terms will apply to all transactions on this Website, whether you are ordering online or by telephone.
2.3 Please read these Terms carefully and print it off or download it before placing Your Order. Occasionally, We will update these Terms. The Terms published on the Website at the time You place Your Order will apply, so You should read them each time You shop with Us.

3. Your Order

3.1 All Orders are subject to the Terms applying at the time the Order is made.
3.2 Once you have made Your Order, We will acknowledge Your Order and confirm availability. Acceptance of Your Order and the completion of the Contract, will take place when We despatch the Goods to You.
3.3 By placing Your Order You confirm that You are aged 18 or over. We reserve the right to carry out further checks to verify your age and if appropriate cancel your order.
3.4 Any goods, services or information displayed on this Website should not be regarded as an offer, invitation, solicitation, advice or recommendedation to buy a product or services on the Website.
3.5 Certain orders or promotions have very specific terms and conditions, which will be shown on the description of the relevant Goods. These are in addition to those Terms, whuich will also still apply.
4. Product Availability and Website Accuracy

4.1 We hold stock of most of Our products but all Orders are subject to availability and accordingly, We can only Deliver Your Goods whilst stocks last.
4.2 If the Goods are unavailable, We will indicate this on the Website or when You place Your Order. If the Goods become unavailable after You have placed Your Order we will contact You by e-mail or telephone and You will have the option to either wait until the Goods are available, replace them with alternative goods or cancel Your Order.
4.3 Images of products on this Website are for illustrative purposes only. Your Goods may vary from the image shown on the Website and will not include any of the pictured accessories, unless expressly stated in the specification of the Goods.
4.4 We have made every effort to display as accurately as possible the colours of our products that appear on this Website. However, we cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the actual Goods.
4.5 Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted on this Website are approximate.

5. Prices & Payment

5.1 The price You will pay will be the current price at the time You place Your Order with Us. Promotional prices only apply during the period stated.
5.2 Charges for Delivery are included in the price of the Goods.
5.3 All prices quoted on the Website are in UK pounds and include Value Added Tax at the current rate.
5.4 Whilst we always try to ensure the accuracy of the prices on Our Website, there will be occasions when We make a mistake. If We discover any errors in the price of Goods before We accept Your Order, We will notify You as soon as possible and give You the Option to resubmit Your Order at the correct price, select alternative products or cancel Your Order.
5.5 You can pay for Your Order by Visa, Visa Debit, Visa Electron, Solo, MasterCard, or Maestro.
5.6 We cannot accept cash or cheque on Delivery.

6. Delivery

6.1 We can deliver anywhere in mainland Great Britain. Unfortunately we do not deliver to Northern Ireland.
6.2 We aim to dispatch Your Order within 3 to 5 working days however please allow up to 14 days.
6.3 We will deliver the Goods to the premises you specify.
6.4 Delivery does not include installation of the Goods.
6.5 You should ensure that all manufacturer guidelines are complied with in the siting and use of the Goods.
6.7 All Goods MUST be inspected following Delivery. Failure to notify us as soon as reasonably possible of any visible damage may result in claims not being accepted.
6.9 You must not fit or use Goods that are incorrect or different to that which was ordered. Failure to comply with this will mean that You have accepted the Goods and We will be unable to return or replace them because they are incorrect or different to that which was ordered. Your statutory rights are not affected.

7. Changing your mind

7.1 You have the right, to cancel Your Contract either before or up to seven working days after the Goods are Delivered, starting the day after the Goods are Delivered. This must be done in writing, via e-mail to ScottishPowerWebshop@gti-limited.com, or by telephone by caling 0800 001 5215.
7.2 Should You choose to cancel the Contract, you must have taken reasonable care of the Goods.
7.3 If You cancel an Order after the Goods have been delivered, You will be responsible for the cost of return postage.
7.4 Where You cancel your Order, we will refund Your money within 30 days of the day You cancel Your Order.
7.5 When We receive the returned Goods, We will inspect them to ensure all manuals, accessories, free items and any other components are within the returned package and that You have taken reasonable care of the Goods. If You have not taken reasonable care of the Goods that You have returned, We shall charge you a fee equivalent to the reduction in their value. If the Goods have missing manuals, accessories, free items or any other components, We shall charge You the cost of these missing items. These costs will be deducted from any refund that is due to You.
7.6 If We are unable to supply Your Goods within 30 days of Your Order, you can cancel and obtain a full refund.

8. Faulty Items

8.1 All Goods are covered by a manufacturer’s warranty against faulty workmanship and materials, but are subject to the terms and conditions of that warranty.
8.2 The manufacturer’s warranty is provided in addition to the rights that the law says You have as a consumer and Your statutory rights are not affected.
8.3 If Your Goods do not work or appear not to be working correctly, please first check the manufacturer’s instruction book to ensure that they have been installed and are being used correctly.
8.4 If Your Goods are faulty and You wish to make a claim under the manufacturer’s warranty please refer to the relevant section on our Website for details about how to claim.
8.5 If an exchange is necessary, this will be arranged without unreasonable delay and without charge.
8.6 You should always refer to the manufacturer’s operating, care and maintenance instructions in relation to Your Goods.

9. Refunds

9.1 All refunds due for whatever reason (other than under the cancellation provisions set out at section 7 above) will be made within 30 days of receipt of the relevant Goods.
9.2 Any deductions applicable, such as collection charges, will be deducted from the refunddue.
9.3 Refunds will be processed on the same card used for the original transaction.

10. Personal Data

10.1 We will always comply with Our obligations under the Data Protection Act 1998.
10.2 Please see our Privacy Policy for details of exactly how We look after Your personal data.

11. Liability

11.1 The Goods sold on this Website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
11.2 There are certain areas where We cannot limit or exclude Our liability to You (such as where We negligently cause personal injury or death) but for everything else, We will accept liability where We have failed to do what We agreed to do in the Order and in accordance with these Terms, or where We have been negligent (for instance by causing damage to Your home or physical property) or where We have caused You some other type of direct loss or damage.
11.3 We do not accept liability for any consequential loss of profit or indirect losses.
11.4 We will honour all of your rights as a consumer, plus all those representations that are made about the Goods on this Website. Other than that, We exclude all other warranties (express or implied) to the fullest extent permissible by law.

12. Terms of website use

12.1 We and Our suppliers are the owners of the copyright, trade marks and all other intellectual property rights in the material and content of the Website.
12.2 You may only use the material contained on the Website for Your own personal and non- commercial use.
12.3 You agree not to intentionally misuse the Website.
12.4 The Website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.

13. General

13.1 Events beyond Our control may mean We are delayed in, or prevented from, Delivery of Your Goods. These might include accidents, breakdowns, fire, flood, storm, acts of God, strikes, industrial unrest, war, riot, civil commotion, malicious damage or the default of Our suppliers. We will try to rectify matters as soon as We can but We will not be responsible where this causes a delay or failure in Delivery of Your Goods. However, We will try to give You as much notice as possible.
13.2 The Contract supersedes any previous agreement discussed or entered in relation to the Goods. You have not relied on any other statement, representation, warranty or understanding made during the discussions leading up to the Order. This will not apply in respect of any fraudulent misrepresentation.
13.3 If We decide not to enforce Our rights (or We delay in doing so), that will not prevent Us from enforcing those rights at a later stage.
13.4 This Contract is between You and Us. Accordingly, no other party has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this Contract.
13.5 The Goods are only intended for normal domestic use by You as a consumer and not for resale or any kind of industrial or commercial use.
13.6 Change to any part of the Contract will only be valid insofar as it is agreed in writing.
13.7 This Contract is governed by English law and You agree to the jurisdiction of the English courts.
13.8 The Website is operated for ScottishPower Energy Retail Limited, which has its registered office at 1 Atlantic Quay, Robertson Street, Glasgow G2 8SP. We are registered in Scotland with company number SC190287 . Our VAT Number is GB 659 3720 08.


ScottishPower Remote Heating Control Terms & Conditions

YOUR cancellation and refund rights



a) You (the "Householder") have a legal right to cancel these terms and conditions (the "Agreement") under the Consumer Protection (Distance Selling) Regulations 2000 and receive a refund of the Hub Fee* (defined in the Glossary below) during the period set out below in paragraph (b). This means that during the relevant period if the Householder for any reason decides it does not wish to keep the Hub and receive the Remote Access Services, the Householder may notify the Company of its decision to cancel the Agreement. Advice about legal rights to cancel the Agreement under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

b)The Householder may cancel this Agreement at any time from the date of entering into this Agreement until seven (7) Working Days after the day after the Householder receives the Hub, and the Householder shall be entitled to a refund of the Hub Fee. The Company will refund the Householder on the credit card or debit card used by the Householder to pay.

c) To cancel this Agreement, the Householder must send an email to AAdmin@gti-limited.com or contact the Company at its Customer Services telephone line 0845 217 7925

d) Unless the Hub is defective (in which case paragraph(e) below applies), if the Householder cancels the Agreement during the period set out in paragraph (b) above:

i. the Householder will be responsible for arranging the removal of the Hub and the return of the Hub to the Company at the Householder's expense; and

ii. any re-installation of the original heating control shall be arranged and completed by the Householder at the Householder's expense. For this reason the Householder may wish to retain its original heating control following installation of the Hub.



e) If the Householder cancels the Agreement because the Hub is defective during the period set out in paragraph (b) above, the Company shall be responsible for the costs of the return of the Hub to the Company. The Company shall arrange the re-installation of the Householder's original heating control or an equivalent control at the Company's expense, and the Householder shall be entitled to a refund of the Hub Fee.

f) If the Householder returns the Hub, the Hub must be packed securely and appropriately. The Householder may wish to keep a copy of the Householder's cancellation notification and our confirmation of this cancellation.

GEOGRAPHICAL RESTRICTIONS

g) The Company may not be able to provide the Hub and Remote Access Functionality in some locations in the United Kingdom. If this is the case, the Company will notify the Householder at the point of ordering the Hub, the order will be declined, the Hub Fee will not be payable and this Agreement will not come into effect

h) Before installing the Hub, the Company may find that reception cannot be obtained due to the location of the Hub in the Householder's Home, or the reception available in the Householder's area. If this is the case, the Company will notify the Householder and will promptly refund any Hub Fee in full.
 

YOUR HEATING INSURANCE AND OTHER AGREEMENTS

i) The Householder acknowledges and agrees that it is the Householder's sole responsibility to check whether entering into this Agreement, receiving the Hub or receiving any Remote Access Functionality will limit or exclude the Householder's rights under any agreements the Householder has entered into with third parties, including without limitation any central heating or boiler insurance/support agreements or any warranties in relation to the Householder's heating system and controls.

j) The Company shall have no responsibility or liability to the Householder if any warranties in relation to the Householder's heating system, heating system controls or the Householder's Home become void or otherwise become unenforceable in any way as a result of the installation of the Hub or otherwise as a result of the Householder entering into this Agreement.
 

WHEN WE WILL INSTALL THE HUB

k) The Company and the Householder agree that it may take up to forty-five (45) days after the order and payment of the Hub Fee for the Company to deliver and install the Hub at the Householder's Home.
  • Please note that all capitalised terms (being words which start with capital letters, e.g. 'Hub') are explained in the glossary at the end of this Agreement.

FEES

l) Details of the fees payable by the Householder are set out in paragraph 2 below. Please note the charges payable under paragraph 2.5 if you exceed the fair use limit.

1. The Hub and Remote Access Functionality

From time to time it will be necessary to carry out essential maintenance without notice to maintain the quality of our Remote Access Functionality. We will endeavour to carry this work out at a time that aims to minimise disruption to service

1.1 These terms and conditions (the "Agreement") set out the basis upon which the Company and you (the "Householder") agree that:

(a) the Company will supply and install, and the Householder will take ownership of, the Hub; and

(b) the Company will provide Remote Access Functionality in relation to the Hub for the Agreement Term.

Please note that all capitalised terms (being words which start with capital letters, e.g. 'Hub') are explained in the glossary at the end of this Agreement.

1.2 After payment of the Hub Fee, the Company shall install the Hub at the Householder's Home at a time agreed by the Householder and the Company, and provide the Householder with the relevant operating instructions.

1.3 The Householder agrees that it shall provide the Company or its sub-contractors with reasonable access to the Householder's Home to install the Hub. If the Company does not receive access on two or more occasions, or if the Householder does not respond to reasonable attempts to contact the Householder, the Company reserves the right to terminate this Agreement immediately, and will notify the Householder in writing. The Hub Fee shall be refunded in full to the Householder.

2. The Hub Fee

2.1 The Hub Fee shall be payable by the Householder in return for:

(a) the provision and installation of the Hub; and

(b) subject to paragraph 2.6, the provision of the Remote Access Functionality during the First Year,

as set out in this paragraph 2.

Each Additional Year Fee shall be payable by the Householder in return for the Remote Access Functionality provided during each Additional Year as set out in this paragraph 2.

2.2 Upon ordering a Hub on the Website, the Householder shall pay the Hub Fee through the Website by credit or debit card. The Company accepts payment with [LIST OF CREDIT AND DEBIT CARDS].

2.3 In advance of any Additional Year, the Householder shall pay the Additional Year Fee online through the Website or by such other method as notified in writing by Company to Householder.

2.4 The Hub Fee and Additional Year Fee are inclusive of VAT. However, if the rate of VAT changes between the date of the Householder's order of the Hub and delivery of the Hub, or between the Householder's agreement to an Additional Year and the start of that Additional Year, the Company will adjust the rate of VAT that the Householder pays, unless the Householder has already paid for the Hub or Additional Year in full before the change in the rate of VAT takes effect.

2.5 When using the Remote Access Functionality, a "fair use" limit applies under which the Householder is entitled to up to fifty (50) SMS messages per month from the Hub, as part of the Hub Fee. The Hub will send a SMS message each time the Householder sends an instruction using the Remote Access Functionality. The Company will notify the Householder in writing if the Householder sends more than fifty (50) SMS messages in a month and of any additional charge that may apply should the Householder exceed this monthly limit again during the Agreement Term. The Company may charge the Householder such additional charge stated if this limit is exceeded again during the Agreement Term. Each additional text message can be charged at a rate of £0.03 per text.

3. WNERSHIP AND RISK OF DAMAGE TO THE HUB

3.1 Ownership of the Hub, and risk of loss of or damage to the Hub, shall pass to the Householder upon installation of the Hub at the Householder's Home.

4. TERM AND TERMINATION OF THIS AGREEMENT

4.1 This Agreement shall commence on the Commencement Date and, unless ended earlier in accordance with paragraph 4.4, shall continue for twelve (12) months (the "First Year") plus any Additional Year(s) agreed under paragraph 4.2 (the total duration being the "Agreement Term").

4.2 Prior to the expiry of the First Year, the Company may contact the Householder to allow the Householder and the Company to agree to extend the Remote Access Functionality under this Agreement for an additional twelve (12) months (an "Additional Year") provided that Householder pays the Additional Year Fee.

4.3 After the expiry of the first Additional Year, the Company and Householder may agree to subsequent Additional Years subject to payment of the applicable Additional Year Fee. Any such Additional Years shall be subject to the terms of this Agreement unless Company notifies Householder otherwise in writing.

4.4 This Agreement may be ended immediately:

(a) by either Party upon providing written notice to the other Party if the other Party commits a material or persistent breach of this Agreement and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of receipt of notice in writing of the breach; or

(b) by the Company under paragraph 1.3 due to failure of the Householder to provide access to the Householder's Home; or

(c) by the Company under paragraph 8 due to the Householder moving home; or

(d) by either Party in relation to an Event Outside the Company's Control under paragraph 10.3(c).

5. EFFECT OF TERMINATION OR EXPIRY OF THIS AGREEMENT

5.1 Termination or expiry of this Agreement shall not affect the provisions of any paragraphs which are expressly or are implied to continue after such termination or expiry, including without limitation paragraphs 9 (Liability), the 12 month warranty provided under paragraph 6.1(d) (The Company's Obligations) and paragraph 13 (Other Important Terms).

5.2 The termination or expiry of this Agreement shall be without prejudice to any rights accrued in favour of either Party prior to the termination or expiry of this Agreement.

6. THE COMPANY'S OBLIGATIONS

6.1 Using reasonable skill and care, the Company shall:

(a) disconnect and remove the boiler heating controller currently installed at the Householder's Home;

(b) install and commission the Hub at the Householder's Home so that it is able to operate and control the Householder's central heating system;

(c) provide the Householder with Remote Access Functionality for the First Year and, subject to the payment of an Additional Year Fee, for any agreed Additional Years; and

(d) repair and remedy any material defects arising in the Hub (other than any defects relating to the Householder's failure to use the Hub in accordance with paragraph 7.1) for a period of twelve (12) months after the Commencement Date. This warranty will not apply if it is shown by climote that the defect or malfunction was caused by damage which occurred while the product was in the possession of the consumer through: (i) accident, abuse, or misapplication; or (ii) any unauthorised repair, modification or disassembly; or (iii) improper operation, maintenance or usage not in accordance with product instructions; or (iv) connection to improper voltage supply.

6.2 The Householder acknowledges and agrees that from time to time the Company may, acting reasonably, need to make the Remote Access Functionality unavailable in order to carry out maintenance or implement updates in order to improve Householder's user experience. The Company will use reasonable endeavours to minimise any such interruptions in the Remote Access Functionality.

7. THE HOUSEHOLDER'S OBLIGATIONS

7.1 The Householder shall:

(a) use the Hub solely for its purpose as a domestic heating controller and shall not use the Hub for any commercial, business or re-sale purpose;

(b) at all times operate the Hub in accordance with all operating instructions and manuals provided by the Company;

(c) not without the Company's prior written consent make or cause or permit to be made any modification, alteration or addition to the Hub;

(d) not reverse engineer, open or tamper with the Hub;

(e) not remove the Hub from the Householder's Home; and

(f) notify the Company as soon as practicable upon becoming aware that the Hub is damaged or the Hub or its Remote Access Functionality are not operating properly.

8. MOVING HOME

8.1 If the Householder moves home at any time during the Agreement Term, the Householder agrees to notify the Company at least twenty-one (21) days in advance. If the Householder notifies the Company of a home move either the Company or the Householder may terminate this Agreement immediately by providing notice to the other Party in writing, and the Householder shall not be entitled to a refund of the Hub Fee or any Additional Year Fee.

9. LIABILITY

9.1 Subject to paragraph 9.2, if the Company fails to comply with this Agreement, the Company shall be responsible for loss or damage the Householder suffers that is a foreseeable result of the Company's breach of this Agreement or the Company's negligence, provided that:

(a) the Company's liability in connection with damage to the Householder's Home or any other property damage shall be limited to £500,000 (five hundred thousand pounds sterling);

(b) the Company's liability in connection with the performance of the Hub shall be limited to the repair or replacement of the Hub in accordance with paragraph 6.1(d);

(c) the Company shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it were an obvious consequence of the Company's breach or if it were contemplated by the Parties at the time the Parties entered into this Agreement; and

(d) the Hub and its Remote Access Functionality is provided solely for domestic and private use in accordance with paragraph 7.1(a) and the Company shall have no liability to the Householder for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.2 Nothing in this Agreement shall exclude or limit either Party's liability for:

(a) death or personal injury caused by negligence or the negligence of the Company's employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability to the extent such liability cannot by excluded by law including without limitation the Householder's rights under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

10. EVENTS OUTSIDE THE COMPANY'S CONTROL

10.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an Event Outside the Company's Control.

10.2 An "Event Outside the Company's Control" means any act or event beyond the Company's reasonable control, including without limitation floods, storms, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war or other hostilities, acts or restraints of governments, epidemic or other natural disaster, or failure of public or private telecommunications networks.

10.3 If an Event Outside the Company's Control takes place that affects the performance of Company's obligations under this Agreement:

(a) the Company will contact the Householder as soon as reasonably possible to notify the Householder;

(b) the Company's obligations under this Agreement will be suspended and the time for performance of the Company's obligations will be extended for the duration of the Event Outside the Company's Control. Where the Event Outside the Company's Control affects the Company's delivery of the Hub to the Householder, the Company will arrange a new delivery date with the Householder after the Event Outside the Company's Control is over; and

(c) either the Company or the Householder may terminate this Agreement by providing the other Party with notice in writing if the Event Outside the Company's Control continues for longer than [4] weeks, in which case the Company shall refund the Hub Fee (if the Hub has not been delivered) or may otherwise refund any Hub Fee or Additional Year Fee in whole or in part as the Company, acting reasonably and in good faith, considers appropriate.

11. THE HOUSEHOLDER'S PERSONAL DATA

11.1 The Householder agrees that its personal data may be used by the Company and/or given to and used by other companies in the Company's group of companies (which means the Company's subsidiaries, its ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006), agents and/or contractors to provide the Hub and Remote Access Functionality and to administer any accounts, services and products provided by the Company's group of companies now or in the future for all purposes reasonably ancillary to any of those purposes.

11.2 The Householder's personal data may also be used for other purposes for which the Householder gives specific permission or, in very limited circumstances, when required by law, or by a regulatory body. The Company will seek to provide anonymised or aggregated data but there may be circumstances where it is necessary to provide personal information and in those circumstances the Company shall do so.

11.3 The Householder is entitled to a copy of the Householder's personal data on the Company's systems on payment of a fee and . The Householder can also be given more detail of how his or her personal data is used by us, by writing to: Data Protection Representative, ScottishPower Energy Retail, Section 5, Cathcart Business Park, Spean Street, Glasgow G44 4BE.

11.4 The Householder agrees that anonymised data (excluding personal data) received from the Householder's use of the Remote Access Functionality by the Company or its agents or contractors may be used by the Company and/or given to and used by other companies in its group of companies, its agents and/or its contractors for the purposes of enhancing the Company's products and services.

12. CONTACT DETAILS

12.1 Any notices to be given under this Agreement should be in writing and delivered by hand or sent by post or email.

12.2 The Householder must send any notices by post to ScottishPower Energy Retail Ltd, Energy Services Department, Section 25, PO Box 7111, Cathcart Business Park, Cathcart, Glasgow G44 4BE, unless the Company provides alternative details to the Householder.

13. OTHER IMPORTANT TERMS

13.1 The Company may transfer its rights and obligations under this Agreement to another entity and shall notify the Householder of such transfer, but this will not affect the Householder's rights or obligations under this Agreement.

13.2 The Householder may only transfer this Agreement to another person if the Company agrees in writing to the transfer.

13.3 The terms of this Agreement shall not be enforceable by any person who is not a Party to this Agreement.

13.4 Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.

13.5 If the Company fails to insist that the Householder performs any of its obligations under this Agreement, or does not enforce its rights against the Householder, or delays in doing so, that will not mean that the Company has waived its rights against the Householder and will not mean that the Householder does not have to comply with those obligations. If the Company does waive a default by the Householder, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by the Householder.

13.6 This Agreement is the entire agreement between the Parties and supersedes all previous arrangements, understandings or agreements between them, whether written or oral, relating to the Hub and Remote Access Functionality. Each Party acknowledges that, in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement. Nothing in this paragraph 13.6 shall limit or exclude any liability for fraud.

13.7 The terms of this Agreement are governed by Scots law and the Parties hereby agree to submit to the exclusive jurisdiction of the courts of Scotland.

GLOSSARY: THE MEANING OF TERMS IN THIS AGREEMENT

Where the following words are used in this Agreement, this is what they mean:

Where the following words are used in this Agreement, this is what they mean:

"Additional Year" has the meaning given in paragraph 4.2;
"Additional Year Fee" means:

(i) £30 (thirty pounds sterling) for the first Additional Year, and

(ii) for each subsequent Additional Year, such amount as may be notified by the Company to the Householder in writing;
"Agreement Term" has the meaning given in paragraph 4.1;
"Commencement Date" means the date upon which the Company installs the Hub at the Householder's Home, regardless of the date of signing of this Agreement;
"Company" means SCOTTISHPOWER ENERGY RETAIL LIMITED, a company incorporated in Scotland with company number SC190287 and having its registered office at 1 Atlantic Quay, Robertson Street, Glasgow, G2 8SP;
"Event Outside the Company's Control" has the meaning given in paragraph 10.2;
"First Year" has the meaning given in paragraph 4.1;
"Householder's Home" means the Householder's residential property in which the Hub is installed;
"Hub" means a Climote HUB 3-channel heating control and 1 9-pin back plate;
"Hub Fee" means £249 (two hundred and forty-nine pounds sterling);
"Party" means the Company and/or the Householder as the context so requires;
"Remote Access Functionality" means the ability of the Hub to be accessed, monitored controlled remotely by means of the internet and to also be controlled by text messages, and all related web portals and smartphone applications;
"Website" means https://scottishpowershop.co.uk/Item.aspx?id=82&CategoryID=4 and
"Working Day" shall mean a day (other than a Saturday or Sunday and public holidays in England or Scotland).