These terms and conditions, together with the Technical Proposal and Invoices, detailing the works and price breakdown, which you, the person named as the client have accepted by way of signing, form the contract (“Contract”) between you and ENERGIEXPRO®, by way of which you instruct ENERGIEXPRO® to complete the works.
Please read these terms and conditions carefully and ensure that you are familiar with them. If you have any questions, please contact ENERGIEXPRO® customer services team by writing to firstname.lastname@example.org or email your contact in ENERGIEXPRO®.
WEST ECO RECYCLING IRELAND LIMITED T/A ENERGIEXPRO®, registration number: 534359, VAT no: IE 3217660IH, with address at 20 Doctor Mannix Road, Salthill, Galway, H91TYA5, represented by Brian Conneely.
2. Contract Engagement
2.1 After establishing initial contact with ENERGIEXPRO® (by way of our company website, email, telephone or third-party referral) and expressing interest in solutions and services it offers, depending on the complexity of the project, you will be presented with a preliminary Technical Proposal ( compiled remotely or on site ) based on information provided regarding your energy and heating needs. This can be followed by a more detailed on-site Survey and /or installation of energy meter at your premises.
2.2 To engage ENERGIEXPRO® to commence the Works, the relevant Technical Proposal for the project must be signed and returned in hard copy or electronic format. The date of return to ENERGIEXPRO® will be considered as Date of Acceptance of the Proposal. The signed Technical Proposal will be accompanied with ENERGIEXPRO® general terms and conditions.
2.3 Based on the signed Technical Proposal, ENERGIEXPRO® will issue a pro forma invoice for the payment of the first instalment of the value of the project. ENERGIEXPRO®’s team will commence work upon receiving the first instalment. You will be issued with additional invoice/s as the work progresses until it is completed.
2.4 Once you have signed and returned the above files, it will be understood a binding contract between you (The Client) and ENERGIEXPRO® is in place to carryout Works (“Contract for the Works”), which shall be subject to specification through a Technical Survey (“Technical Survey”) and installation of Energy meter for a period of at least 1 week ( if applicable) , which confirms the Property is suitable for the system as quoted in the Proposal.
3. Technical Survey
A Technical Survey will be carried out within 10 working days from the return of the signed Technical Proposal. The cost of the Survey will form part of the overall cost in the Proposal.
There may be a reason(s) after the Technical Survey takes place for us to suggest a variation to our original Technical Proposal or you may wish to add or change some of the devices, specifications etc of the proposed system. If this is the case, we will at the point of the visit or within 5 working days do one of the following:
• Provide you with an Updated Technical Proposal, detailing the variation and giving a cost (if any) associated with them. If you agree to the Updated Technical Proposal, you are to sign and return it to us in hard copy or electronically. Our Technical Assessor will advise on payment procedure for the Variation.
• Inform you that it is not feasible to carry out an installation at the Property and you will have no further obligations to ENERGIEXPRO® Ltd.
4. Your Rights to Cancel
4.1 To cancel your Contract for the Works, you can send a dated Letter of Cancellation to 20 Doctor Mannix Road, Salthill, Galway, H91TYA5 by registered post or by e-mail with request for Read receipt and acknowledgement of e-mail received by a member of ENERGIEXPRO® Customer Service Team.
4.2 If you cancel your Contract with ENERGIEXPRO® within 14 days of the Date of Acceptance, ENERGIEXPRO® will refund your entire First Instalment provided no installation of products has taken place.
• If you cancel after 14 days from the Date of Acceptance, ENERGIEXPRO® may retain such amount of your First Instalment to cover costs and expenses incurred by ENERGIEXPRO® up to the date on which it receives your notice of cancellation. These costs and expenses are limited to the following:
• the cost of any goods that have been obtained solely for use in your Property and that ENERGIEXPRO® is unable to resell or to reuse; and
• any other costs and expenses which ENERGIEXPRO® has incurred in connection with performing the Contract with you as a client,
such as labour, transportation, sales, marketing and administration costs; and
• any costs relating to planning or structural surveys will be on the account of the client.
4.4 If you decide to cancel the Contract on or after the delivery of products to site, the costs incurred may exceed the amount of your First Instalment. In this case, ENERGIEXPRO® will retain the First Instalment and seek to recover such costs and expenses as listed above to the extent that they exceed the First Instalment.
5. Installation Date
5.1 After you have submitted the signed documents as listed above, a member of ENERGIEXPRO®’s customer services team will contact you to agree your Installation Date. The Installation Date will be within a reasonable time from the Technical Survey. Works which are subject to prior resolution of any planning matters may be delayed while such planning matters are resolved with the relevant authority. ENERGIEXPRO® will endeavour to ensure that you are kept fully informed of such matters and the likely delay in installation due to such matters.
5.2 ENERGIEXPRO® will do all it can to meet the Installation Date and to complete the Works as soon as possible after installation commences. Occasionally, circumstance beyond ENERGIEXPRO® control may result in ENERGIEXPRO® being unable to carry out the Works on the agreed installation Date. In the event that this happens, a member of the customer services team will contact you to arrange an alternative Installation Date. Provided that the circumstances which prevent ENERGIEXPRO® being able to carry out the Works are beyond ENERGIEXPRO® control (for example (but not limited to) bad weather, industrial action, fire, flood, acts of terrorism, pandemics, etc. ) ENERGIEXPRO® will not be liable for any losses suffered by you or any third party due to such circumstance.
6. Denial of Access
6.1 The Technical Survey is a crucial part of the process. For this reason, it is fundamental that access to the Property is granted on the date of the Technical Survey which will be mutually agreed by both parties but will, however, be within 10 days from Date of Acceptance. If you do not agree such a date within the 10 days, it will be understood you have cancelled your Contract.
6.2 In order for ENERGIEXPRO® to carry out the Works, it is fundamental that access to the Property is granted on the Installation Date. If you do not provide such access to the Property you will incur costs to cover our expenses for that day.
6.3 You hereby grant the company’s representative access to the premises at all reasonable times for the purposes of undertaking a Technical Survey, carrying out the works forming the subject of the contract and for any subsequent work that may be required. In some cases, the company may need to use site ladders, scaffolds or vehicles on the premises in order to complete its contractual obligations. In the event of access being required to neighbouring land it is the Client’s responsibility to ensure that access is granted and the company shall not be held liable for the Client’s inability for delays arising out of our inability to gain access. Should access be denied whilst the company’s representative is in attendance at your property the Client will incur the costs to the company for that day.
7. During Installation
7.1 If, once the Works have commenced, technical problems are discovered which could not reasonably have been identified by ENERGIEXPRO® technical assessor during the Technical Survey, you will be made aware of such problem and ENERGIEXPRO® will discuss and agree with you how such technical problems may be overcome. You will however be liable for any additional works that you agreed with ENERGIEXPRO® are necessary to address the problems.
7.2 . In order for ENERGIEXPRO® to carry out the Works it is possible on installation of the PV panels on a roof, tiles / slates may need to be replaced with new ones after been lifted on occasion. This cost is included in the Price of the Works.
7.3 If you do not agree to such addition works to be carried out as are necessary to address such problems identified (whether such works are carried out by ENERGIEXPRO® or by another party engaged independently by you), such that ENERGIEXPRO® is unable to complete the Works, you will be taken to have cancelled the Contract and ENERGIEXPRO® will be entitled to seek payment from you in accordance with clause 4 as if you had cancelled the Contract.
7.4 You are responsible to ensure that all items stored in the areas of installation are either removed before commencement of the Works or otherwise protected. Items not so protected are at your risk except in the case of negligence by ENERGIEXPRO®. When external work is carried out, you are responsible to ensure that all vehicles and movable objects are removed from such a place that they may be damaged. Objects not removed are at your risk, unless ENERGIEXPRO® is found to be negligent in their damage or loss.
8. ENERGIEXPRO® Photovoltaic System
The ENERGIEXPRO® Photovoltaic System is a power system designed to supply usable solar power by means of photovoltaics. It consists as a minimum of an arrangement of several components, including solar panels to absorb and convert sunlight into electricity, one or more solar inverters to convert the output from direct to alternating current, metal mounting structure, cabling, and other electrical accessories to set up a working system. It may also include an integrated battery solution, energy meter, smart energy monitoring devices and controls.
The exact performance of the systems is impossible to predict with certainty due to the variability in the amount sunlight from location to location and from year to year. ENERGIEXPRO® calculation is based upon a report generated by globally recognised software programme such as PV Sol and Helioscope, which predict the energy generation over a particular period of time. These documents are suitable for access to finance of the system. This report, however, should not be considered as a guarantee of performance, but you can expect your yearly production to be within 10% tolerance.
9. System Maintenance
ENERGIEXPRO® offers maintenance packages that will ensure your system is performing optimally and all the settings are up-to-date and as per your energy use requirements.
The price of the package is payable annually and can be chosen from the current Maintenance Package Pricelist and Package description attached to these Terms and Conditions.
10. Price and Payment
10.1 The full price and payment terms of your Project are outlined in the Technical proposal and Invoices. Agreement is made by way of signing it and returning it to us. You are required to make payment in full (less initial instalment paid) on the day of commissioning and handover of the system by our technical representatives. In the event of any alleged minor defect you shall not be entitled to withhold more than a proportionate amount of the sum due.
10.2 If required ENERGIEXPRO® will provide you with an electronic receipt for payment and you will be sent a formal invoice within 14 days of completion of the Works if requested. If you do not make payment in full ENERGIEXPRO® reserves the right to charge interest at the rate of 3% above Bank of Ireland base rate on the sum outstanding, accruing on a daily basis from the date on which the installation is commissioned. If payment is not made within 30 days of the date of the invoice ENERGIEXPRO® may commence legal proceedings.
10.3 All charges quoted for the carrying out of the Works are inclusive of Value Added Tax, which you shall be liable for at the applicable rate.
11. Inspection and Complaints
Within 30 days following completion of Works you must notify ENERGIEXPRO® in writing of any damage that you consider ENERGIEXPRO® Ltd has caused to the Property or its contents. Otherwise ENERGIEXPRO® Ltd will not be liable for any such claims. Complaints should be addressed to Customer Services Manager of ENERGIEXPRO® Ltd.
12. Risk in the Goods
Any damage that occurs to the devices to be installed in connection with the carrying out of the Works before or during installation is the responsibility ENERGIEXPRO® Ltd. Once installation is complete any damage to or loss of such goods is your responsibility. We will not be liable to you under this in contract, tort (including negligence) or otherwise for any indirect damages, consequential or economic loss, any loss of revenue, business, contracts, predicted savings or profits suffered by you arising from or in connection with this Agreement.
13. Quality of Goods and Services Provided
13.1 In accordance with your statutory rights:
(i) Any goods which ENERGIEXPRO® Ltd supply will:
• match the description given to them
• be of satisfactory quality
• be fit for the purpose for which they have been supplied.
• Supplied with full warranty certificates
• Meet all requirements of EU Legislation
• Meet the requirements of the SEAI (Sustainable Energy Authority Of Ireland)
(ii) Any work carried out by ENERGIEXPRO® will be carried out with reasonable care and skill. ENERGIEXPRO® guarantees the system against defects, directly and solely attributable to defective workmanship or materials, for one year. Major components carry the product specific manufacturer warranties. (Please refer to specific product warranty cards in you Handover pack.)
13.2 In relation to all Works on the day of commissioning, ENERGIEXPRO® will provide a Handover Pack, which the Client has to accept, containing:
1. PV system – owner’s manual
2. Inverter operating instructions
3. Technical Datasheets
4. Warranty Certificates
5. Conformity Certificates
6. System Line Diagram
7. Roof Load Bearing Capacity Report
8. Planning Permission Drawings and Site Location Maps
9. PV Mechanical Array Commissioning
10. Safe Electric Installation Certificate
11. Test Record Sheet
12. ESB New Connection Notification
13. G10 Panel Electrical Schematic
14. PV Sol/Helioscope Report on Annual Energy Generation
13.4 Where any of the goods are supplied by a third party, ENERGIEXPRO® does not give warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the ENERGIEXPRO®.
13.5 ENERGIEXPRO® shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any documents, data, information or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of yours.
13.6 Except in respect of death or personal injury caused by the ENERGIEXPRO®’ negligence, ENERGIEXPRO® shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the ENERGIEXPRO® its servants or agents or otherwise) which arise out of or in connection with the carrying out of the Works (including any delay in providing or failure to provide the Works) or the use of the goods by you, and the entire liability of ENERGIEXPRO® under or in connection with the Contract shall not exceed the price paid by you to ENERGIEXPRO® under the Contract.
13.7 ENERGIEXPRO® shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of ENERGIEXPRO®’s obligations in relation to the Works or under the Contact generally, if the delay or failure was due to any cause beyond ENERGIEXPRO®’s reasonable control.
14. Planning Application
It is your responsibility to inform the ENERGIEXPRO®, whether the premises are a listed building or within a conservation area as defined by Statute, in which case ENERGIEXPRO® will make the necessary application on your behalf. Should these approvals:
• prove to be obtained only by revision of the Works at a greater cost as specified overleaf, ENERGIEXPRO® may quote a revised price, in the event that this is unacceptable you must notify the Company in writing at the address specified in clause 1 above within 7 days of the quotation, ENERGIEXPRO® will be at liberty to cancel the contract by written notice; or
• Alternatively, should approval not be forthcoming, ENERGIEXPRO® will likewise be at liberty to cancel the contract.
If you fail to inform ENERGIEXPRO® that the property is a listed building or within a conservation area or an area of outstanding natural beauty, ENERGIEXPRO® shall be entitled to assume, without any further enquiry, that it shall not have to obtain any relevant consent or approval to carry out the Works themselves. ENERGIEXPRO® shall be under no liability whatsoever in the event of any enforcement or other action by the Local Authority or any other person or body. If the Contract is cancelled in accordance with this Clause, ENERGIEXPRO® will retain such money as appropriate, no less than €450.00, to cover the cost of work carried out and service rendered.
15. Transfer of Ownership of Goods
15.1 Ownership of the goods supplied in connection with the Works passes to you upon full and final payment of the price. Prior to such time all goods supplied to you by ENERGIEXPRO® shall remain the property of ENERGIEXPRO®.
15.2 In the event of non-payment, we may require you, on reasonable notice, to return and deliver up the goods supplied in connection with works to us, failing which we may take legal proceedings to recover the goods or their value.
16. Data Protection
16.1 The personal information requested from you is required to enable ENERGIEXPRO® to effectively provide or administer a product or service to you. Failure to supply ENERGIEXPRO® with sufficient information may result in ENERGIEXPRO® not being able to provide or meet your product/service needs.
16.2 The information that you provide may be held by ENERGIEXPRO® on a computer database and/or in any other way. We may use this information:
• To administer the products and services that we supply to you and any future agreements that we may have with you and, to manage and develop ENERGIEXPRO®’ relationship with you.
• For direct marketing purposes, where you have given your permission to do so, to advise you of products or services. If you wish to change your preferences at any time, please contact us by Telephone: +353 1 5292788 or E-mail: email@example.com
• To carry out searches (including verifying your identity and/or a credit search) and disclose information to credit reference agencies for the purpose of assessing your ability to perform the Contract. Credit reference agencies will record details of each type of search ENERGIEXPRO® makes whether or not your application proceeds. We may use credit scoring techniques and other automated decision-making systems to either partially or fully assess your application.
• To provide details of your financial indebtedness how you conduct your agreement(s)/account(s)to credit reference agencies on a regular basis.
• To provide your personal details to debt collection agencies and/or third party processors and contractors, who act on behalf of ENERGIEXPRO®, if it is necessary for the performance of a contract and/or to protect the legitimate interests of ENERGIEXPRO®.
• To prevent and detect fraud or other criminal activity and to trace those responsible. If you give us false or misleading information and we suspect fraud or other criminal activity, we will record this and may report the incident to the relevant regulatory authorities.
• To carry out statistical analysis and market research or to instruct a third party to perform this on our behalf.
16.3 We may record telephone conversations to offer you additional security, resolve complaints and improve our service standards. Conversations may also be monitored for staff training purposes.
16.5 Under the Data Protection Acts you have the right of access to personal information we hold about you on our records on payment of a nominal fee (currently €6.35). You can exercise this right by writing to ENERGIEXPRO® at 20 Doctor Mannix Road, Salthill, Galway, H91TYA5 or email: firstname.lastname@example.org. If any of your personal information held by us is inaccurate or incorrect, please let us know and we will correct it. There is no fee for such corrections.
16.6 If you decide to have any other communication with ENERGIEXPRO® through or in relation to its products and services, you consent to the use by ENERGIEXPRO® of your personal data as indicated above.
17.1 In the event of any dispute, claim or disagreement between the parties arising from or relating to the Contract or the breach thereof (a “Dispute”), the parties shall use their best efforts to settle the Dispute by mutual agreement and both parties shall consult and negotiate with the other in good faith, and shall attempt to reach a settlement satisfactory to both parties. If the parties are unable to resolve the Dispute by mutual agreement within a period of twenty (20) Working Days of the Dispute then upon notice by any party to the other, the Dispute will be referred to mediation in accordance with Clause 17.2 below.
17.2 If the Dispute is not resolved in accordance with Clause 17.1 above, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by the Centre for Effective Dispute Resolution (“CEDR”) Ireland. To initiate the mediation a party must give notice in writing (“Mediation Notice”) to the other Party to the dispute requesting a mediation. A copy of the request should be sent to CEDR Ireland. The mediation will start not later than 14 days after the date of the Mediation Notice. If the dispute is not resolved within 30 days (or such longer period as agreed by the parties), or one or more of the Parties refuses to participate in mediation, the dispute shall be referred to arbitration in accordance with Clause 17.3 below.
17.3 If the Dispute is not resolved in accordance with Clause 17.1 and 17.2. above, the Dispute shall be referred to the decision of a single arbitrator of the Chartered Institute of Arbitrators (Irish Branch), selected by agreement of the parties or if the parties fail to agree within 15 Working Days of one party requesting the other to agree upon the appointment of the arbitrator, as may be nominated by the Chairman for the time being of the Chartered Institute of Arbitrators (Irish Branch). Any such reference to arbitration will be a submission to arbitration within the meaning of the Arbitration Act 2010 or any Act amending or repealing same and shall be an arbitration conducted in Dublin, Ireland. The arbitration shall be conducted in the English language and shall be governed by the Arbitration Act, 2010.
17.4 Any arbitration under the Contract will be conducted in accordance with the latest version of the Arbitration Procedure published by Institute of Engineers of Ireland at the time of the appointment of the arbitrator.
18. Governing Law
18.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Irish law.
18.2 Subject to the provisions of clause 17 above the parties irrevocably agree that the courts of Ireland will have jurisdiction in relation to any matter arising out of or in connection with the Contract or its subject matter or formation (including non-contractual matters) or in support of any mediation or arbitration arising from or relating to the Contract.
19. Entire Agreement
19.1 The Contract contains the entire agreement between the parties in relation to the Works and contains all the terms which the parties have agreed with respect to its subject matter and the Contract supersedes and extinguishes all previous drafts, agreements, contracts and undertakings between the parties.
19.2 You acknowledge that you have not been induced to enter into the Contract by a statement or promise, which the Contract does not contain.
19.3 ENERGIEXPRO® Limited shall not be liable to you in equity, contract or tort or in any other way for a representation that is not set out in the Contract.
19.4 Nothing in this Clause 19 shall have the effect of limiting or restricting any liability of a party arising as a result of any fraud.
20.1 If you breach this agreement and ENERGIEXPRO® does not take action against you in connection with that breach at the time, this does not prevent ENERGIEXPRO® from taking action against you in the future.
20.2 We may amend, vary or add to these Conditions at any time on giving you thirty days’ notice. This notice will indicate where you may view or obtain a copy of the new Conditions. If any variation, addition or amendment is unacceptable to you, you may terminate the Contract in accordance with condition 4, otherwise you will be deemed to have accepted the new Conditions. If any amendments to the Contract are required these must be confirmed in writing by the customer and signed off by one of ENERGIEXPRO® Directors.
20.3 Any unauthorised assignment of the equipment to a third party, for commercial or personal use, is expressly prohibited.
20.4 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
20.5 If any provisions of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
I/We have read the Terms and Conditions above forming part of the Contract for Works with ENERGIEXPRO® and hereby agree to be bound by these Terms and Conditions and consent to the use of my/our personal data for the purposes described in them.