Basis of Contract

• Any quotation given by us shall not constitute an offer from us and is only valid for a period of 1 month from its last date of issue.
• The order constitutes an offer by you to purchase the works from us in accordance with these conditions. For the order to be valid, you must pay the booking deposit which constitutes as acceptance of our terms of contract and quotation issued, however at any time prior to acceptance, we may alter or change the terms or amend the quoted amounts or the scope of the works which will be made known to you and will require your own and our further acceptance, following a revision.
• The order shall only be deemed to be accepted upon receipt of the deposit at which point, on payment date and our confirmation of same in accordance with the preceding clause 1.2, the contract shall come into existence.
• Acceptance by us of the terms of contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by, or on behalf of, us which is not set out in the terms & conditions or the quotation. Any samples, drawings, descriptive matter, or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an initial conception of the works described. They shall not form part of the contract or any other contract between us and you for the supply of the works.
• These conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

Supply of Works

• We shall supply the works to you in accordance with the agreed scope of works as per your quotation.
• We shall have the right to make any changes to the works which are necessary to comply with any applicable laws and/or safety requirements, or which do not materially affect the nature or quality of the works, and we shall notify you in any such event.
• The works will be supplied in a good and workman-like manner using all reasonable care and skill and in accordance with good industry practice.
• If we consider that additional works are required or recommended, we shall advise you as soon as possible and if we are in a position to undertake such additional works, we will provide you with an estimate of the time required to complete such additional works and the associated costs.
• If we discover that there are issues which prevent us from completing the works, we will notify you and you shall have the option to either:
  • End the contract (see Section 6 below); or
  • Suspend the contract until such time as such issues are rectified. If such issues are not rectified within 3 months either party may terminate the contract.
  • The time or duration of our contract with you will be stipulated in the agreed scope of works incorporated in your quotation. This may be subject to change depending on the engagement, but any changes to the duration will be made known to you.
  • We confirm that in accordance with the SEAI requirements, the scope of works are economically and physically practicable, that the planned scope of works will not be inefficient or incomplete in nature so as to render the expenditure of the grant monies uneconomic and that the planned scope of works will secure the optimal energy efficiency improvements to the relevant home;

Payment Policies & Grants

• You must pay us for all works supplied to you in accordance with the Payment Policy, the terms of which are hereby incorporated by reference.
• This liability continues until this contract ends (in line with Section 6 below), this applies if you vacate the premises before the works onsite are complete.
• The fees for the works are as outlined in the quotation.
• A booking deposit is required for the confirmation of your order. This is a non-refundable fee. Once we receive payment of this fee, this will constitute that you have read and agreed to these terms of contract in full.
• We charge VAT at the appropriate rate of 13.5%. All prices quoted are inclusive of VAT, except where VAT is expressly stated to be excluded where appropriate.
• You will be invoiced accordingly as the works progress on-site per the company’s payment policies.
• Any grants available shall be clearly stated in the scope of works as per your quotation. If a grant is not available for any reason or you fail to qualify, we will make this known to you at the earliest opportunity and will give you the option to proceed or to halt work. In the event that you proceed, you will be required to bear the costs of the works without the reduction in payment associated with the grants unsuccessfully applied for. Any grant payment from SEAI shall be conditional upon fulfilment of all requirements under all relevant guidelines issued by SEAI, including the processes and requirements set out in the relevant scheme guidelines, and all relevant industry technical standards and specifications.
• You hereby appoint Us as your agent for the purpose of making grant applications to SEAI and for the purpose of agreeing to be bound by contractual documents relating to such grant applications. If necessary, you agree to sign any and all documentation associated with such grants, where not capable of being signed by Us as agent and agree that in failing to do so, you jeopardise the payment of any such grants and will bear the cost associated with same, in the event that they do not issue from the SEAI. In appointing Us as your agent you confirm that we are not a partner, representative or agent of SEAI.

Your Warranties & Obligations

You warrant that:

• You are the owner of the premises or otherwise have the legal authority to enter into the contract; and
• You have obtained and maintained all necessary licences, permissions, and SEAI grants, including planning permissions and consents which may be required before the date on which the works are to start.
• The planned scope of services have not been incentivised previously by you within the particular home (in whole or in part) under any other SEAI or other grant programme and that SEAI will have the right to withhold or claw back any grant payment in the event that either the obligations in respect of the scope of works is not complied with.
• You shall grant SEAI access to the home for the purposes of inspections and audits in accordance with the requirements of the relevant SEAI grant scheme guidelines and terms and conditions.
• You will facilitate any reasonable request made by SEAI or its agents requiring the OSS (or any subcontractor) to return to the relevant home in order to make good any OSS Scheme Services deemed not to meet the standards of the relevant SEAI grant scheme.
• You are obliged to:
• Ensure that the terms of the order and any information provided in the order are complete and accurate.
• Provide us, our employees, agents, consultants (including quality assurance consultants) and subcontractor(s) with access to the premises for all purposes in connection with the works at all reasonable times and at any time in an emergency.
• Provide us with access to clean water, 220V power and basic toilet facilities, such as lavatory and hand washing facilities. If this cannot be accommodated it is the responsibility of the customer to supply a serviced mobile toilet for the duration of the works (Portaloo).
• Provide us with access to clean water, 220V power and basic toilet facilities, such as, lavatory and hand washing facilities. If this cannot be accommodated it is the responsibility of the customer to supply a serviced mobile toilet for the duration of the works. (Portaloo)
• Provide us with such information as we may reasonably require in order to supply the works and ensure that such information is accurate in all material respects.
• Prepare the premises for the supply of the works.
• Abide by all instructions and advice issued by us or the subcontractor(s) regarding the works including but not limited to, equipment and health and safety.
• Supply such additional funds as will need to be applied in addition to the grant monies in order to achieve the requirements of clause 2.7.
• Confirm by executing this Agreement, that we have explained to you that before entering into this Agreement that you do not need to deal exclusively with the Us in order to secure funding from SEAI, and that other third parties are available for such purposes.

If the performance of any of our obligations under the contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):

• We shall, without limiting our other rights or remedies, have the right to suspend the supply of the works until you remedy your default and to rely on your default to relieve us from the performance of any of our obligations to the extent your default prevents or delays our performance of any of our obligations.
• We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as noted above, caused by your default.

Our Warranties & Obligations

• Our works carry a workmanship warranty specific to the goods and services provided for 2 years after the date of installation. In the case of a defective product, this is covered under the manufacturer’s warranty period.

*Manufacturer warranty period varies due to the range of products that could potentially be installed aspart of plumbing works.

• We will repair or replace any defective product and/or remedy any defective service free of charge if you notify us during the warranty period. There will be no call-out charge applied in such circumstances.
• Our sole liability, and your sole remedy, in contract, tort, or otherwise, shall be limited to the repair or replacement of defective products and to the remedy of defective services and our liability shall be limited to the value of the contract.
• We will have no liability in respect of unordered works.
• Nothing in these conditions shall limit or exclude our liability for:
  • Death or personal injury caused by our negligence or the negligence of our employees, agents or Subcontractors;
  • Fraud or fraudulent misrepresentation; or
  • Breach of the terms implied by Section 12 of the Supply of Goods and Supply of Services Act 1980.
• In extreme / very cold weather conditions insulating your loft and pipes may not prevent freezing, and the consequences of same.
• Subject to Section 5.5, we will not be liable to you under this Contract in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, including but not limited to loss of revenue, business, contracts, predicted savings or profits.
• As set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
• We and our contractors, and all other personnel involved in the provision of the Services, shall be obliged to comply with all applicable law, including all applicable to building regulations and health and safety laws.
• We, together with our contractors, shall only use appropriately qualified, experienced, skilled and trained personnel who are registered with SEAI as registered contractors, where this is required, or wil be supervised and signed off by Us where such contractor registrations are not in place.
• We will only use newly fitted materials/products in the scope of work, in compliance with the SEAI requirements, in order for the grant monies to issue – however in other instances, and only with your consent or request would newly fitted materials/products not be used/re-purposed.
• The works undertaken by Us will correspond in all respects with all relevant technical documentation and/or specifications (including the relevant SEAI grant scheme standards and guidelines documents available on the SEAI website and any other prescribed specifications and standards guidance issued by SEAI from time to time pertaining to the applicable SEAI scheme); and
• Will be of merchantable quality, fit to effectively improve the energy efficiency your home, be free from defects and will be compliant with all relevant statutory requirements and regulations relating to such scope of work, subject to any of the foregoing limitations previously listed herein.
• As long as we are registered with SEAI, that our registration is subject to potential suspension or termination in accordance with the terms of the relevant appointment agreement with SEAI, and that, if we are suspended or the appointment agreement is terminated, you may need to appoint a new representative to complete any incomplete work in order to avail of the relevant grant.
• We will hold appropriate insurance cover in respect of the scope of work and the workmanship in accordance with prudent commercial requirements.
• This Section 5 shall survive termination of the Contract.