Terms & Conditions
In these conditions, the words below have the following meanings:
- “Additional Works” means any products or services not included in the Quotation but agreed by you on foot of our quotation under clause 3.d below.
- ‘Commencement Date’ means the date on which we issue you with written acceptance of the Order, the Consent and are in receipt of Deposit.
- ‘Conditions’ means these general conditions.
- ‘Consent’ means your consent for us to supply the Works to you at the premises.
- ‘Contract’ means the contract between you and us to which these conditions apply, comprising, the Order, the Consent and these Conditions.
- ‘Deposit’ means the deposit payable by you to us, before we supply you with the Works.
- ‘Order’ means your order for the Works at the prices outlined in the Quotation.
- ‘Premises’ means the premises identified in the Order being the property at which the works are to be supplied.
- ‘Products’ means the products to be supplied by us to you as set out in the Order.
- ‘Quotation’ means the document which details the description of and the prices for the products and services.
- ‘Services’ means the services to be supplied by us to you as set out in the Order.
- ‘Subcontractor(s)’ means party/parties to which we may subcontract all or part of the services.
- Unordered Works’ means any works (whether undertaken prior to, during or after the Works) undertaken by any Subcontractor(s) and/or any other third party/parties at the Premises which are outside the scope of the Works.
- ‘Us’ or ‘We’ means Churchfield Home Services, acting through our Churchfield Home Services business.
- ‘You’ means the person named on the front cover of the quotation on which consent has been given to act upon.
- ‘Works’ means the Products and Services as set out in the Order plus Additional Works, if any.
The headings in these Conditions are for convenience only and will not affect how they are interpreted.
Basis of Contract
a. Any quotation given by us shall not constitute an offer, and is only valid for a period of 90 days from its date of issue.
b. The Order constitutes an offer by you to purchase the Works from us in accordance with these Conditions. For the Order to be valid, it must be accompanied by the Consent and the Deposit.
c. The Order shall only be deemed to be accepted on the Commencement Date at which point and on which date the Contract shall come into existence.
d. The 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 Contract. 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 approximate idea of the Works described in them. They shall not form part of the Contract or any other contract between us and you for the supply of the Works.
e. 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
a. We shall supply the Works to You in accordance with the Order in all material respects.
b. 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.
c. The Works will be supplied in a good and workmanlike manner using all reasonable care and skill.
d. 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
e. 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:
i. End the Contract (see Condition 7 below); or
ii. Suspend the Contract until such time as such issues are rectified. If such issues are not rectified within 6 months either party may terminate the Contract.
Fees & Payments
a. You must pay us for all Works supplied to you.
b. This liability continues until this Contract ends in line with Condition 7 below, even if you leave the Premises beforehand.
c. The fees for the Works are as outlined in the Quotation.
d. A 10% deposit is required before the commencement of the works. This non – refundable fee. Once we receive payment of this fee this will constitute that you have read and agree to the terms and conditions of this agreement.
e. We will charge VAT at the appropriate rate. All prices quoted are exclusive of VAT except where VAT is expressly stated to be included.
f. We will invoice you the balance of the fees due plus VAT (minus the Deposit) in accordance with the terms and conditions of the company’s payment policy published the website www.churchfieldhomeservices.ie.
Your Warranties and Obligations
You warrant that:
a. You are the owner of the Premises or otherwise have legal authority to enter into the Contract; and
b. You have obtained and maintained all necessary licences, permissions, including planning permissions, and consents which may be required before the date on which the Works are to start.
You are obliged to:
a. ensure that the terms of the Order and any information provided in the Order is complete and accurate;
b. 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;
c. provide us with access to clean water, 220V power and basic toilet facilities to our employees, subcontractors for the duration of the works, should these not be provided or made available, additional cost may be incurred for providing these services by a third party.
d. 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;
e. prepare the Premises for the supply of the Works;
f. And 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.
If our 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”):
a. We shall without limiting our other rights or remedies have the right to suspend 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;
b. 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 set out in this clause 5.3 caused by Your Default.
Our Warranty and Liability
a. All Works carry a minimum 24 month warranty, except in the case of a defective Product which carries a manufacturer’s warranty period in excess of 24 months. In this case the warranty period for the particular defective Product shall be the manufacturer’s warranty period. The manufacturer’s warranty period shall only apply to the particular defective Product and not to any works relating to that Product.
b. 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.
c. 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.
d. We will have no liability in respect of Unordered Works.
e. Nothing in these Conditions shall limit or exclude our liability for:
i . death or personal injury caused by our negligence, or the negligence of our employees, agents or Subcontractors;
ii. fraud or fraudulent misrepresentation; or
iii. Breach of the terms implied by Section 12 of the Supply of Goods and Supply of Services Act 1980.
f. In extreme/very cold weather conditions insulating your loft and pipes may not prevent freezing and the consequences of same.
g. Subject to clause 6.e, 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.
h. Except 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.
i. This clause 6 shall survive termination of the Contract.
Ending the Contract
a. You may end the Contract by giving us 30 days’ notice. If You end the Contract You must pay Us for any Works supplied up until the date on which the Contract is ended as well as any monies that We owe third parties (including Subcontractors) in relation to the Works.
b. We may end the Contract at any time if You are in breach of any of the terms and conditions of the Contract, and fail to remedy that breach within 10 days of being requested to do so in writing.
c. If the Contract is ended pursuant to clause 7.a or
d. 7. b, We will be entitled to charge you:
i. the cost to us of all Works supplied up to the date the Contract is ended
ii. any additional monies we have paid or have committed to pay third parties in connection with the Works; and
iii. An administration fee of €50. If the sum of these costs is greater than the amount you owe us, the Deposit will be used towards these costs and invoice You for the balance. If the Deposit is greater than the sum of these costs, we will refund you the difference.
e. Before starting the Works, We may end the Contract by giving you written notice if, for valid reason, we cannot supply you with the Works. In such case, the Deposit will be refunded and no further charges will be made.
Events beyond our control
We will not have to carry out any obligation under the Contract if We are prevented from doing so by any cause beyond our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.
Retention of Title
a. Title of the goods shall remain vested with us and shall not pass to you until the purchase price for works has been paid in full and received by us. Until title to the goods passes: We shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of goods.
i. Churchfield Home Services and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which we reasonably believe them to be kept;
ii. You shall store or mark the Goods in a manner reasonably satisfactory to us indicating that title to the Goods remains our property; and
iii. You shall insure the Goods to their full replacement value, and arrange for us to be noted on the policy of insurance as the loss payee.
Once make payment of the project deposit you are obligated by the terms and conditions of this document and you must adhere to them.
a. You agree that we may search the files of certain credit agencies or bureaus when assessing you for credit. The agencies or bureaus concerned may record the search on your file.
b. We may use information about You for our own business purposes, including building up a profile of our customers, processing orders, carrying out credit checks and carrying out market research. We may give your information to Subcontractor(s) and our agents who carry out certain business activities required to complete the works agreed upon and for other activities outside of this that are required for our business process (for example, market research and debt collection) on our behalf. Such Subcontractor(s) and agents will only be permitted to use your data as instructed by us. They are also required to keep your data safe and secure.
c. You should note that we may record phone calls to our customer contact centre for training and quality management purposes.
a. Any special conditions or extra time that we allow are limited to the specific circumstances in which they are given and do not affect our rights under the Contract in any other way.
b. We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to a Subcontractor, agent or other third party.
c. You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of Your rights or obligations under the Contract.
d. We will have given You proper notice if We notify You by means of either post or publication in an advertisement. Notice shall be deemed to have been served two days after postage or publication in an advertisement.
e. If any competent authority considers that any of the Conditions are not valid or cannot be enforced, the other Conditions will still apply.
f. Both parties must follow all the laws, regulations and orders that apply to them respectively.
g. The Contract is governed by the laws of Ireland and any dispute will be dealt with in the Irish courts.
h. Complaints and notices may be made in writing, by hand or by post to Churchfield Home Services, Customer Care Team, Crossmolina Enterprise Centre, Crossmolina, CO Mayo or by e-mail to firstname.lastname@example.org
i. Notices sent by post are deemed to have been delivered two days after posting.
Nothing in these Conditions excludes or affects your statutory rights.
Substitution of equal or approved materials
Churchfield reserves the right to substitute materials that form part of an installation with equal or approved materials should it be deemed necessary by the project manager responsible for the coordination and supervision of the project.
In the event a dispute may arise, the matter must be referred to the company’s internal dispute resolution process to seek an amicable outcome that meets the satisfaction of all parties involved.
a. Churchfield Home Services policy is to include as far as possible the cost of all works that are required to complete the installation however in some cases where the work is of a specialist nature that is out of the range of the services provided by Churchfield Home Services, we are unable to include the cost of these items including the following,
i. ESB Relocation of Electrical Services
ii. Gas Network Ireland Alterations
iii. Temporary removal and reinstallation of security Alarm boxes
iv. Temporary removal and reinstallation of Satellite Dishes
v. Replacement of Electrical Lighting Fixtures as required to complete the works
vi. Provision of clean water, 220V Power and basic toilet facilities for duration of works
In such cases we will endeavour to assist in the coordination and management of the works as required but cannot be held liable for the cost of any third party specialist to undertake and complete such works as required to facilitate the installation to take place.