Subcontracting

[SRE]

We don't sub contract so I don't know the answer to this - can someone help? One of our competitors advertises as a solar pv company showing the mcs logo but aren't either a member of REAL or have mcs accreditation, they subcontract to someone who does have the certs. As a customer, surely if your not mcs or real you can't take a deposit, final payment or register the system.

I haven't lost the plot have I?????

 

[moggy1968]

Certainly they aren't allowed to use the logo.
I believe that now you also aren't allowed to sell PV unless you are MCS regisistered.

 

[TedM]

The MCS accredited party has to ensure that the entire sales pipeline complies with the MCS/REAL rules. If any part falls down then they carry the can.

 

[kevp]

They cant use the logos or advertise the fact they are registred with either body.
They can do what they like with deposits/payments etc as they are not tied by the real regulations.
The work can be signed off for FIT by another company easily.

 

[finchy]

Report the scammers, although you probably wont get anywhere !

 

[Olias]

Report the company who are using the MCS and REAL logo to Trading Standards. It's a criminal offence.

Contratcs must be enterered into between a customer and an MCS certificated company.

 

[Eco Deal]

certainly they aren't allowed to use the logo.
I believe that now you also aren't allowed to sell pv unless you are mcs regisistered.

the above is correct

 

[SolarCity]

the above is correct

Which, lets face it, essentially means they have a QMS document and a quarantine area for all those non-existent faulty panels. Out of interest, has any installer actually come upon a fault panel yet?

 

[SRE]

No but we dropped one :-(

 

[Earthstore]

Are you saying that only the person that is MCS accredited can sell PV, ( not every person who works for a company is MCS accredited), or can their employees sell? and can those employees be selfemployed?
What if it is a partnership, and only one partner has the MCS accreditation, is theother partner allowed to sell?
If only the person that has the accreditaion can sell as you suggest, almost every company in the UK is breaking the law.

Your thoughts?

 

[TedM]

The MCS regulations on this changed last December 1st.

A contract for the sale and installation of a system shall be entered into only between an MCS certified Company and a Customer.

An MCS certified Company may carry out work under subcontract to another MCS certified Company in which case clause 10 must be satisfied.

If the MCS certified Company obtains sales leads from any third party, the Company must require that the third party complies with all the relevant requirements of the MCS standards and Consumer Code. The Company will be responsible for any non-compliance.

The Company shall have procedures to handle enquiries, produce quotes and accept orders/contracts. Where relevant these must comply with the consumer code scheme.

It seems pretty clear to me that an install only MCS registered company - that only accepts orders via a third party non-MCS company that handles customer orders - is no longer within the rules. An MCS company can obtain sales leads from others but must enter into a contract directly with the consumer.

 

[Earthstore]

Thanks Ted,
What that say's is, anybody can sell the systems, but the contract must be direct with the MCS company.
Would you not agree?

 

[SRE]

Thanks everyone - my understanding was the same as Ted's. You can't sell and install unless you have MCS yourself. So my competition who are advertising with an MCS logo on their website next to another firm's name and saying that they are in partnership with them is not in accordance with MCS rules because unles they hold MCS themselves they can't sell the system even if they then set up the contract in the MCS company's name - is that right Ted??

 

[moggy1968]

A non MCS company can do the sales, but they must comply with all the requirements of MCS and it is the responsibility of the MCS registered company to ensure that is the case. In other words, if you do use a third party non MCS company for your sales leads you must ensure they comply, it's your responsibility.

If the MCS certified Company obtains sales leads from any third party, the Company must require that the third party complies with all the relevant requirements of the MCS standards and Consumer Code. The Company will be responsible for any non-compliance

I did have a brief liason with a double glazing firm sending me leads but I stopped afet a while because what they were telling customers was completely wrong, then we come along and have to tell them something completely different, and it just looks amateurish.

 

[TedM]

Thanks Ted,
What that say's is, anybody can sell the systems, but the contract must be direct with the MCS company.
Would you not agree?

Depends what you mean by 'sell'. A sales lead company can still operate but the contract must be via the MCS accredited party.

 

[Earthstore]

Phew, I am pleased, if you have ever looked at my website, you will see why.
I work within all the regulations, and I also ensure that my customers have the best installs possible.

 

[SRE]

I have a local solar pv installer who isn't mcs or real registered selling and installing systems for another company who do have MCS - I didn't think they could do this.