Definitions
Any references in these Terms and Conditions to ‘you’ or ‘your’ means the property owner(s) (and customer(s) of a particular retrofit coordinator) who wish (es) to benefit from a grant paid under the Scheme. Any references to “we” or ‘us’ means DBW.
Introduction
DBW supports the installation, in domestic properties located in Wales, of certain types of energy efficiency improvement measures and low carbon heating systems (these being the ‘Eligible Measures’ which are described in Annex B of these terms and conditions). The Scheme is funded by the Welsh Government (“WG”) and administered by us.
1. The Retrofit Coordinator Grant will be offered to the owners of eligible properties (as defined at Annex A) in order to obtain the support of a Retrofit Coordinator as named in the RC Letter throughout the Phases of the Scheme.
2. Requests for payments under the RC Letter must be submitted with all required supporting information for each Phase and declarations prior to expiry of the Retrofit Coordinator Grant Validity Period as described in conditions 8 and 9 below.
3. These Terms and Conditions apply to recipients of the RC Letter. By signing the RC Letter, you will be confirming that you agree to these Terms and Conditions applying to the arrangements between you and DBW relating to the RC Letter.
Eligibility requirements
4. A RC Letter will only be valid, and can only be used to claim a Retrofit Coordinator Grant, where all of the following eligibility requirements are met:-
a. you and the Property described in the Key Terms of your RC Letter must meet the eligibility requirements described in Annex A of these Terms and Conditions. Unless Annex A says otherwise, these eligibility requirements must be met at the time the Letter is issued to you;
b. you must instruct a Retrofit Coordinator who is registered under the UK Government’s TrustMark Scheme (“TrustMark”) and approved by us within 14 (fourteen days) of the date of this RC Letter;
c. you must notify us of which Retrofit Coordinator you have instructed within 24 hours of doing so;
d. you must have received our written confirmation agreeing to the Retrofit Coordinator you have instructed; and
e. you must own and occupy the Property and the Property must be situated in Wales at the time the RC Letter is issued to you.
5. Grant support under the Scheme will not be payable for any assessment for which financial support has already been received, or will received, under any other public grant scheme (including both central government and local authority schemes).
6. A Retrofit Coordinator Grant Offer Letter will:
a. only be valid for the particular period described as the Grant Validity Period in the RC Letter. This means that, except where an extension is given in the exceptional circumstances described in condition 12 below, the Retrofit Coordinator Grant will need to have been paid to the Retrofit Coordinator before the Grant Validity Period ends;
b. only be valid for Phase 3 if an unsecured loan available through the Scheme has been successfully applied for; and
c. cease to be valid if it is cancelled by DBW or once payment has been made to a Retrofit Coordinator.
7. The issuing of a RC Letter does not mean that information provided as part of your application has been approved or endorsed in any way by DBW. It is your responsibility to ensure that this information is accurate and complete and that you are able to meet relevant eligibility requirements. Even if you have been issued with a RC Letter, there is no guarantee that you will be able to claim the grant specified in your RC Letter . Payment of the Grant will be conditional on the requirements of conditions 8 and 9 below being satisfied.
Invoice Arrangements
8. Within 14 days after the requisite Phase covered by the RC Letter has been completed satisfactorily, and in any case no later than 7 (seven) days before the Grant Validity Period ends, you must obtain the following from your Retrofit Coordinator:
a. an invoice issued by the Retrofit Coordinator addressed to you in respect of the relevant Phase (an “Invoice”); and in addition
b. in respect of Phase 1, a copy of the Retrofit Assessment Report and the Recommendations Reports
c. in respect of Phase 3, confirmation that your unsecured loan has been drawn down and utilised to pay for the installation of the Eligible Measures, confirmation that the necessary lodgements have been submitted to TrustMark, and confirmation that the Retrofit Coordinator has registered the relevant post installation evaluation reports as required by the Scheme;
and either you, or your Retrofit Coordinator on your behalf, must send each Invoice and relevant documents to DBW in respect of the claiming of the Grant for each Phase. Upon receipt of each document for each respective Phase by DBW, you agree to permit DBW to settle the Invoice directly to the Retrofit Coordinator, in accordance with condition 9 below.
Grant payment
9. Where you have completed the steps set out in condition 8 above and:-
a. your Retrofit Coordinator remains registered in accordance with condition 4 above;
b. DBW is reasonably satisfied that all other necessary requirements arising under these Terms and Conditions have been met and covered by the RC Letter; and
c. DBW is in receipt of funds from WG in order to make the payment,
DBW will, within 10 (ten) days of receipt of the Invoice and documents received for the relevant Phase as listed in condition 8 above, pay the Invoice (up to a maximum aggregate amount equal to the Total Grant Amount for the relevant Phase as outlined in the RC Letter).
10. If the amount required to pay the relevant Invoice is less than the Total Grant Amount for the relevant Phase as outlined in the RC Letter, you will not be entitled to any remaining amount. If the amount required to pay the Invoice is more than the Total Grant Amount, you will be required to pay the Retrofit Coordinator any additional amount.
Changes to your circumstances
11. You must ensure that information you provide to DBW remains accurate and up to date. If there is any change to any information you previously provided to DBW, you must tell DBW about this change within 7 (seven) days of becoming aware of it. Changes to any information you have previously provided may, if we think they significantly change the circumstances applicable to the Grant Offer, result in the Grant Offer Letter being cancelled.
12. If at any point throughout each Phase of the Scheme covered by this RC Letter, you wish to change the Retrofit Coordinator, you must contact DBW and tell us about the proposed change. DBW will then confirm its agreement to the change. There is no guarantee that DBW will agree to the change, in particular, if the change would result in an additional amount of Retrofit Coordinator Grant being payable under the RC Letter. However, if DBW does agree to the change, it will in its discretion issue you a notice in writing confirming the change of Retrofit Coordinator. Any notice will remain subject to these Terms and Conditions.
12. If due to circumstances beyond your reasonable control you consider that a valid Invoice will not be issued before the end of RC Letter term, you may contact DBW and request an extension to the term of the RC Letter. There is no guarantee that DBW will agree to the requested extension, but if it does agree to this, it will confirm in writing the new Grant Validity Period of the RC Letter.
Cancellation of Retrofit Coordinator Grant Offer Letter & Recovery of Grant
13. DBW may cancel a RC Letter and/or withhold (in whole or in part) payment of the Total Grant Amount where DBW has reasonable grounds for believing that any of the following circumstances apply:-
a. the Grant Validity Period has expired without an Invoice being submitted in accordance with the Terms and Conditions;
b. any relevant eligibility requirements referred to in these Terms and Conditions were not met at the time that they needed to be met under these Terms and Conditions;
c. you have not complied with any of these Terms and Conditions;
d. your Retrofit Coordinator has ceased to be registered with “Trust Mark” (or was never so registered);
e. you or your Retrofit Coordinator or any of their officers, employees, agents or subcontractors associated with the Retrofit Coordinator has made any false statement or committed any fraud in connection with the RC Letter;
f. there has been any inappropriate collusion between you and your Retrofit Coordinator or any of its officers, employees, agents or subcontractors; or
g. it is necessary for the RC Letter to be cancelled and/or the Grant to be withheld (in whole or in part) to comply with any relevant laws.
14. If DBW intends to cancel a RC Letter and/or withhold payment of any Grant, DBW will tell you about this intention. You will then be given the opportunity to make representations within a reasonable period to DBW before DBW makes its final decision.
15. If having been issued with a RC Letter, you decide that you will not be proceeding with the Phases covered by it, you must contact DBW as soon as reasonably practicable and inform it of your decision. DBW will then have the right to cancel the RC Letter.
16. Where any payment of Grant is made and there are reasonable grounds for DBW subsequently deciding that:-
a. you made any false statement or committed, or were knowingly party to, any fraud relating to that payment;
b. there was any inappropriate collusion between you and/or your Retrofit Coordinator or any of its officers, employees, agents or subcontractors;
c. you and/or your Property did not meet, at the time that they needed to be met, any of the relevant eligibility requirements which apply to you and/or your Property; and/or
d. you have not complied with any of these Terms and Conditions and that failure is serious enough to justify clawing back the Grant from you,
DBW will have the right (without affecting any other right it may have) to contact you in order to tell you about the amount of the relevant Grant payment which DBW considers should not be paid to the Retrofit Coordinator and to require repayment of that amount from you. In these circumstances, you must pay DBW the amount in question within 14 days of being told about that amount and the requirement to pay it. In the event of late payment, interest will be payable on the amount due at the rate of 2.5% above the Bank of England base rate from the end of this 14 day period until the date on which you do make repayment in full.
Complaints
17. If you are unhappy about any of the decisions made by DBW under these Terms and Conditions, including decisions relating to the amendment or cancellation of a RC Letter or payment of any part of the Total Grant Amount, please contact DBW and ask for a copy of the complaints procedure.
Record keeping
18. You must keep copies of the documents referred to in condition 8 above until at least 6 (six) years have passed since the date on which payment of the Total Grant Amount was made. If asked to do so at any time, you must allow authorised representatives of DBW and/or WG to inspect and take copies of these documents.
Retrofit coordinator responsibility
19. You are responsible for selecting an appropriate suitably qualified competent and reputable Retrofit Coordinator. Registration of a Retrofit Coordinator under the TrustMark Scheme or the award of an RC Letter does not constitute an assurance by DBW or WG as to the suitability or competence of the Retrofit Coordinator to carry out any of the works at your Property.
20. If you have any complaints about anything done (or not done) by your Retrofit Coordinator or any of its officers, employees, agents or subcontractors, you should raise these with your Retrofit Coordinator or otherwise contact the relevant organisation which runs the relevant registration scheme of which your Retrofit Coordinator is a member.
Limitation of liability
21. The award of RC Letter under the Scheme is discretionary and (without affecting any right of appeal that you may have) you shall not be entitled to compensation from either DBW or WG for any costs or losses you incur due to any rejection of your application for a RC Letter or any delay in processing it or any rejection of any request for payment in respect of the Grant Offer.
22. Neither DBW nor WG will be liable for any costs or losses you incur due to:
a. any delay by DBW in issuing a RC Letter;
b. any delay or defects in the services provided by the Retrofit Coordinator at your Property;
c. any negligence or anything else done (or not done) by your Retrofit Coordinator;
d. the inability or failure of the Retrofit Coordinator to pay you compensation where appropriate; and/or
e. any failure or delay by DBW in connection with the administration of the Scheme.
23. It is your responsibility to check that the terms of your contract with your Retrofit Coordinator:
a. specify that part or all (as applicable) of the cost of the Retrofit Coordinator will be met by way of a Grant offered under the relevant RC Letter (rather than being payable by you) as contemplated by these Terms and Conditions;
b. protect you from liability to the Retrofit Coordinator if the Retrofit Coordinator is unable to claim payment to them under the RC Letter for any reason other than your failure to comply with these Terms and Conditions.
c. require the Retrofit Coordinator to complete the necessary reports as required under the Phases, in sufficient time before to the end of the Grant Validity Period to enable the Grant to be paid on or before the last day of the Grant Validity Period, to a professional standard by suitably qualified personnel and in accordance with the relevant certification standards,
and if you fail to do so DBW shall not be liable to you for any costs or losses you incur as a result.
24. DBW shall not be liable to you for any business losses or loss of rent howsoever caused.
25. DBW shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under them if such delay or failure results from events, circumstances or causes beyond its reasonable control.
26. Nothing in these Terms and Conditions will have the effect of excluding or limiting the liability of DBW or WG for death or personal injury caused by (respectively) the negligence of DBW or WG or (respectively) any fraud or fraudulent misrepresentation by DBW or WG, or any other matter which, by law, may not be excluded or limited.
Miscellaneous
27. Data Protection - DBW will collect, process and retain personal data provided by you in accordance with DBW’s Privacy Policy, which can be found here. If you are concerned that DBW is storing information about you that is incorrect, please contact DBW using the contact details provided in DBW’s Privacy Policy, and it will correct your details as soon as possible. Security measures have been put in place to protect your personal data against access by unauthorised persons, and safeguards have been put in place to protect transfers of your personal data to authorised third parties for purposes of delivering the Scheme.
28. Third party rights –
a. Except as explained in sub-paragraph b. below, a person who is not a party to the RC Letter of which these Terms and Conditions are a part will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of provision in them.
b. WG will have the right to enforce any provision in these Terms and Conditions or the related RC Letter which expressly or by implication confers a benefit on WG.
29. Transfer of rights and obligations – you will not have any right to transfer to anyone else any of your rights or obligations under these Terms and Conditions and/or any RC Letter. DBW will have the right to transfer all of its rights and obligations under these Terms and Conditions and/or any RC Letter to WG or to any replacement contractor appointed by WG to administer the Scheme and, if requested to do so at any time, you must enter into any documents DBW or WG reasonably requests that you enter into in order to give full effect to a transfer of this kind.
30. Waiver - if you do not comply with any of these Terms and Conditions and DBW does not respond or take any action immediately on becoming aware of the issue, this does not mean that it cannot take action in the future.
31. Validity - if a court or other authority tells DBW that any part of these Terms and Conditions is not valid, the rest of these Terms and Conditions will not be affected.
32. Governing law and jurisdiction – these Terms and Conditions will be governed by and are to be construed in accordance with the laws of England and Wales and they and any dispute arising under or in connection with them will be subject to the exclusive jurisdiction of the courts of England and Wales.
Annex A – Eligibility Requirements
To apply for the Letter and “redeem” the Retrofit Coordinator Grant, the applicant must own their home, which is an Eligible Property. An Eligible Property is a Property which is:
An owner-occupied home (homeowners, with a freehold or long-leasehold interest in accommodation which they own outright, or own with a mortgage) which is situated in Wales.
But excluding:
Any new-build properties that have not previously been occupied in the past 6 months from the date of application.
Non-domestic properties.
Landlords of private rented sector domestic properties.
Landlords of social sector domestic properties.
Properties outside of Wales.
Properties that are listed or are in a Conservation area that require additional permissions for works to be carried out.
Annex B – Eligible measures
Eligible Measures are as follows:
Low temp ("HP ready") heating system upgrades
Air Source HP Top Up (net of BUS)
Ground Source HP Top Up (net of BUS)
High Heat Retention storage heaters
Biomass boiler
Solar PV
Battery (for solar)
Solar Thermal
External Wall Insulation
Solid Wall Insulation
High Performance Glazing (from single)
Floor Insulation
Flat roof or room in roof insulation
High Performance Glazing (from double)
Cavity Wall Insulation
"Virgin" Loft Insulation (from 0mm)
"Top Up" Loft Insulation (from 125mm)
Draft proofing
Ventilation (moisture control)
Heat controls and smart home energy management systems
