Terms & Conditions
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General Terms and Conditions
General Terms & Conditions
Thank you for visiting us at AEI.ie. You may use the website only in accordance with these General Terms and Conditions and in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice in Ireland, the EU and any other jurisdiction from which you are accessing the site.
Please note that further Terms and Conditions will be in force for events, promotions and other activities on the website from time to time and you should also familiarise yourself with these Terms and Conditions. Please also note that in addition to these Terms and Conditions, your statutory rights are unaffected. Please read these Terms and Conditions carefully before placing your order and if you have any queries please contact us at admin@aei.ie. By using the website you are agreeing to be bound by these Terms and Conditions and any additional Terms and Conditions that may be in force applicable to AEI in promotions, events or otherwise from time to time. These Terms and Conditions will change from time to time so please regularly check this page to note any changes that may be made. Changes to Terms and Conditions will only apply to orders placed after that change has been made. In using the site you agree that you:
- Will provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by AEI and its associated companies or affiliates.
- Will not disclose any unauthorised, false or fraudulent details.
- Will not post, transmit or otherwise disseminate any information on or via the website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive.
- Will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy.
If you are provided with a User ID, password or other information as part of our procedures, it is your responsibility to treat such information as confidential and not disclose it to any third party. AEI reserves the right to disable any User ID or password either chosen by you or allocated by AEI in the event that AEI believes you may have failed to comply with the Terms and Conditions. You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your internet connection are aware of and in compliance with the Terms and Conditions. AEI will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Terms Under Which This Website Is Provided
Access to this site is provided on a temporary basis and we reserve the right at any time to:
- Amend these Terms and Conditions without notice.
- Withdraw or amend the service without notice.
- To withdraw access to some or all of the site.
- To suspend some or all of the services offered
- Remove goods, featured jobs or promotions from the site.
- Cancel your registration and/or account without prior notice.
- Report any breach under the relevant law enforcement authorities and disclose your identity to them concerning your use of this site or otherwise.
- Deny access to the website where we reasonably believe (in our absolute discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy.
When you visit the website we may gather information about you and your visit. Information about this can be found in our Privacy Policy. We will not be liable if the website is unavailable for any period of time.
Promotions
From time-to-time we may offer AEI in online promotions which may apply to AEI in items purchased on the website. The conditions relating to the discounts offered through those promotions will be specified at the time of issue.
Terms Governing Web Content And Its Use
Linking to this website
You may link to this website according to the following guidelines. We reserve the right to withdraw linking permission without notice if we believe these guidelines are not followed.
The link must be done in a way that is fair and legal and neither damages nor takes advantage of our reputation.
- The link must not suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- The website must not be framed on any other site.
- The link must be made to the home page only.
Links to other websites
Our website may contain links to sites not owned or operated by AEI. These links are not intended to be referrals or endorsements of the linked sites and AEI provide them for your convenience only. AEI are not responsible or liable for any part of the linked site including any information presented or security or other functionality of these websites. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.
Copyright, Trade Mark and other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the website as well as the selection, arrangement and organisation of the foregoing and the website as a whole (collectively “Content”) are subject to copyright, trade mark, service mark, trade dress and/or other intellectual property rights or licences and rights of publicity and privacy, all worldwide rights, titles and interest in and to which are owned by, licensed or which may otherwise be used by AEI or our suppliers. All software used on this website is the property of AEI, its suppliers or third party suppliers as applicable and is protected by Irish and international copyright and other intellectual property laws. Subject to these Terms and Conditions, AEI grants a non-exclusive, non-transferable, limited right to access and use this website and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials. Guidelines for use:
- You may print off a copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way from the website, and you must not use any illustrations. photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as authors, owners or licensees of material on the website must always be acknowledged.
- You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us.
- If you print off, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of materials you may have made.
- AEI reserves the right to claim damages, financial or otherwise, for any breach of these guidelines.
Submission and uploading material to our website
Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code or product and marketing ideas and any other submissions disclosed, submitted or offered to AEI or through the website or otherwise disclosed, submitted or offered by you to us (collectively “Submissions”) shall be and remain the property of AEI. Such disclosure, submission or offer of Submissions and your agreement to these Terms and Conditions shall constitute an assignment to AEI of any intellectual property rights.
You warrant that any Submissions comply with those standards, and you indemnify us for any breach of that warranty. As such AEI will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise of any Submissions. Further, AEI shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions or provide attribution to any users for any Submissions. AEI shall have no obligation to keep confidential, use, return or review any Submissions.
AEI will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other use of the website.
Social Media House Rules
The AEI Social Communities have been created with you in mind. We want to show you what we’re doing and communicate with you on things that interest you and at the same time provide a channel where you can engage and interact with others who have similar interests to you.
That being the case we want everyone to feel comfortable visiting our social pages (Facebook) to discuss Solar Energy. This means we monitor and review comments and remove anything that we deem to be inappropriate, offensive or contain external links that we feel might cause offense to other users. If you post something that is relevant then it will be left.
Comments left by others do not represent the opinions of AEI.
A list of things that we consider to be in breach of our house rules includes:
- Social Media House Rules
- The AEI Social Communities have been created with you in mind. We want to show you what we’re doing and communicate with you on things that interest you and at the same time provide a channel where you can engage and interact with others who have similar interests to you.
- That being the case we want everyone to feel comfortable visiting our social pages (Facebook) to discuss home heating oil. This means we monitor and review comments and remove anything that we deem to be inappropriate, offensive or contain external links that we feel might cause offense to other users. If you post something that is relevant then it will be left.
- Comments left by others do not represent the opinions of AEI.
Legal Clauses
Disclaimer of Liability
The website, its content, any material displayed on this website, any information available on or through this website and the software is provided “as is” and “as available” and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws.
Unless expressly stated to the contrary, to the fullest extent permitted by law, AEI and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or grossly negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or
Any loss of goodwill or reputation or
Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked sites and any materials posted thereon or
Any failure of a product ordered from the website to meet your expectations regarding fitness for purpose or for loss, injury or damage caused by a produce ordered online
AEI does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will be uninterrupted or error free; that defects on the website will be corrected; or that the website or its server or any links are free of viruses or other harmful elements. AEI makes no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in locations outside the Republic of Ireland.
Although this website is available worldwide, not all products or services discussed or referenced are available to all persons in all geographic locations in Ireland as AEI is not represented in all Counties. AEI reserves the right to limit at its sole discretion supply of fuel oil and services as it so desires and any offer of any product or service on the website for these geographic locations shall be void where prohibited.
Nothing in these Terms and Conditions shall limit AEI’s liability for death or personal injury arising from gross negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited by law.
AEI will not be responsible for a failure to sell goods which you wish to buy or failure to comply with our obligations to you or any costs or liabilities which you incur as a result of circumstances beyond our reasonable control.
Indemnity
You agree to indemnify, defend and hold harmless AEI’s directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.
Variation
AEI shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the service and/or any page of this website.
Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning and intent of the term as is permitted by law.
Assignment
Any contract arising from the acceptance by AEI of an order is legally binding on both parties and cannot be assigned to another party with AEI express agreement. AEI may transfer or assign its rights under any contract or appoint third parties to assist it in performing its obligations at any time provided it does not affect it obligations to the purchaser.
Waiver
If you breach these Terms and Conditions and we take no action, AEI will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These Terms and Conditions are to be construed in accordance with the laws of the Republic of Ireland and, in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.
Entire Agreement
The above Terms and Conditions and any emails regarding the services AEI provides constitute the entire agreement of the parties (AEI and the customer) and supersede any and all preceding and contemporaneous agreements between you and AEI. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of AEI.
Residential Terms and Conditions
Terms & Conditions
1. Definitions
1.1 Contractor shall mean Alternative Energy Ireland its successors and assigns or any person acting on behalf of and with the authority of Alternative Energy Ireland.
1.2 ‘Client” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Contractor to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Contractor to the Client.
1.5 “Services” shall mean all services supplied by the Contractor to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the cost of the Goods as agreed between the Contractor and the Client subject to clause 3 of this contract.
2. Acceptance
2.1 Any instructions received by the Contractor from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Contractor shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Contractor.
2.4 The Client undertakes to give the Contractor at least fourteen (14) days notice of any change in the Client’s name, address and/or any other change in the Client’s details.
3. Price And Payment
3.1 At the Contractor’s sole discretion the Price shall be either
a) as indicated on invoices provided by the Contractor to the Client in respect of Goods and/or Services supplied; or
b) the Contractor’s quoted Price (subject to clause 3.2) which shall be binding upon the Contractor provided that the Client shall accept the Contractor’s quotation in writing within thirty (30) days.
3.2 The Contractor reserves the right to change the Price in the event of a variation to the Contractor’s quotation or due to a rise in prices anywhere in the supply chain for the contractor.
3.3 Any extra work required requested will be highlighted with the Contractor and agreed by the Client before commencement.
3.4 At the Contractors sole discretion a deposit may be required and quotations are valid for 90 days in all cases.
3.5 Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 At the Contractor’s sole discretion
(a) payment shall be due on delivery of the Goods and/or Services, or
(b) payment shall be due before delivery of the Goods and/or Services, or
(c) payment for approved Clients shall be made by instalments in accordance with the Contractor’s payment schedule, or
(d) payment for Client’s whom hold an account with the contractor shall be due thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
(e) Heating zones cannot be confirmed prior to any heating controls upgrade under any circumstances. They can only be confirmed during, or when the installation is finished.
3.7 Payment will be made by cash, or by cheque, or by bank cheque,or by direct credit, or by any other method as agreed to between the Client and the Contractor.
3.8 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price
4. Delivery Of Goods
4.1 At the Contractor’s sole discretion delivery of the Goods and/or Services shall take place when the Client takes possession of the Goods and or Services at the Client’s address.
4.2 On receipt of a booking deposit the works will be scheduled by agreement between the Contractor and the Client. Variations to start dates may occur, the Contractor will keep the Client advised of any likely change to the agreed schedule. The Contractor accepts no responsibility whatsoever for any loss or damage caused due to a schedule change.
4.3 At the Contractor’s sole discretion the costs of delivery are included in the Price.
4.4 The Client shall make all arrangements necessary to take delivery of the Goods and/or Services whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods and/or Services as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery.
4.5 Delivery of the Goods and/or Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.6 The Contractor may deliver the Goods and/or Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions
4.7 The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
(a) such discrepancy in quantity shall not exceed 5%, and
(b) the Price shall be adjusted pro rata to the discrepancy.
4.8 The failure of the Contractor to deliver shall not entitle either party to treat this contract as repudiated.
4.9 The Contractor shall not be liable for any loss or damage whatever due to failure by the Contractor to deliver the Goods (or any of them) promptly or at all.
5. Risk
5.1 If the Contractor retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Contractor is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Contractor is sufficient evidence of the Contractor’s rights to receive the insurance proceeds without the need for any person dealing with the Contractor to make further enquiries.
6. Title
6.1 It is the intention of the Contractor and agreed by the Client that ownership of the Goods shall not pass until:
(a) the Client has paid all amounts owing for the particular Goods, and
(b) the Client has met all other obligations due by the Client to the Contractor in respect of all contracts between the Contractor and the Client.
6.2 Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Contractor’s ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Contractor shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from the Contractor to the Client the Contractor may give notice in writing to the Client to return the Goods or any of them to the Contractor.Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) the Contractor shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to the Contractor then the Contractor or the Contractor’s agent may enter upon and into land and
(e) the Client is only a bailee of the Goods and until such time as the Contractor has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for the Contractor; and
(f) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Contractor; and
(g) the Contractor can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(h) premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Contractor will be the owner of the end products.
7. Client’s Disclaimer
7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Contractor and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment.
8. Defects
8.1 The Client shall inspect the Goods and/or Services of completion and shall within one (1) day notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote in writing. The Client shall afford the Contractor an opportunity to inspect the Goods and/or Services within a reasonable time following delivery if the Client believes the Goods and/or Services are defective in any way. If the Client shall fail to comply with these provisions the Goods and/or Services shall be presumed to be free from any defect or damage. For defective Goods and/or Services, which the Contractor has agreed in writing that the Client is entitled to reject, the Contractor’s liability is limited to either (at the Contractor’s discretion) replacing the Goods and/or Services or repairing the Goods and/or Services.
8.2 No Goods shall be accepted for return except in accordance with 9.1 above
9. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
9.1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).
9.2 Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.
9.3 In situations where defects in goods or workmanship arise, the contractor should be notified within 7 days and given access to sort within a reasonable timeframe. No consequential damages will be accepted by the contractor.
9.4 In particular where the Client buys Goods as a consumer the provisions of Clauses 8, 9 and 10 above shall be subject to any laws or legislation governing the rights of consumers
10. Default & Consequences Of Default
10.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
10.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in pursuing the debt including legal costs on a solicitor and own client basis and the Contractor’s collection agency costs.
10.3 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Contractor may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor exercised its rights under this clause
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of €20.00 or 10.00% of the amount overdue (up to a maximum of €200) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
11. Cancellation
11.1 The Contractor may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods and/or Services are delivered by giving written notice. On giving such notice the Contractor shall repay to the Client any sums paid in respect of the Price. The Contractor shall not be liable for any loss or damage whatever arising from such cancellation.
11.2 The Client may cancel delivery of the Goods and/or Services up to one (1) days from the date of acceptance of the Contractor’s quotation.
11.3 In the event that the Client cancels delivery of Goods and/or Services the Client shall be liable for any loss incurred by the Contractor (including, but not limited to, any loss of profits) up to the time of cancellation. Any deposit paid cannot not be refunded if the job is cancelled by the client before works commence. This is to cover costs associated with processing the order.
12. Data Protection Act 1988 & Data Protection Act 2003
12.1 The Client and the Guarantor/s (if separate to the Client) authorises the Contractor to:
(a) collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
(b) to disclose information about the Client, whether collected by the Contractor from the Client directly or obtained by the Contractor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Client on publicly accessible credit reporting databases.
12.2 Where the Client is an individual the authorities under (clause 16.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
12.3 The Client shall have the right to request the Contractor for a copy of the information about the Client retained by the Contractor and the right to request the Contractor to correct any incorrect information about the Client held by the Contractor.
13. General
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
13.3 The Contractor shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions.
13.4 Maintenance of all systems is the responsibility of the client. Ventilation systems require a service every 2 years, Solar thermal is every 2-3 years, Solar PV is an inspection every 3 years, boilers are every 1 year.
13.5 In the event of any breach of this contract by the Contractor the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Contractor exceed the Price of the Goods.
13.6 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Contractor.
13.7 Where issues arise with any product, the contractor will be given time to carry out repairs to such. Product faults are not the fault of the contractor, but it is the contractors responsibility to get these sorted.
13.8 The Contractor may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
13.9 The Contractor reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change. Except where the Contractor supplies further Goods to the Client and the Client accepts such Goods, the Client shall be under no obligation to accept such changes.
13.10 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.11 Any dispute arising or in connection with these Conditions or the sale of goods and/or supply of services shall be referred to arbitration by a single arbitrator nominated and appointed by agreement or in default on application to the Law Society and the Arbitrations Acts shall apply.
14. Warranty
14.1 Warranty on any labour for works that we carry out is 2 year. Labour warranty relates to physical work we carried out and does not cover any element of any component.
14.2 Warranty on parts or components varies as follows (unless stated differently on the quote).
Each of these below warranties are offered by the manufacturer and not by AEI.
- Solar PV panels – 12/25 years on workmanship / corrosion etc. – Please refer to your quote for chosen panels guarantee
- Solar PV output guarantee – 25-30 years linear power output guarantee – Please refer to your quote for chosen panels guarantee
- Solar PV inverters – 5 years, with the option in some cases to pay to extend to 10-20 years depending on model chosen
- Solar battery – WECO 5.3kW battery – 10 years
- Ground & Roof Mounting systems – 10-20 years – Please ask your energy consultant to clarify for your specific mounting type
- Eddi hot water diverter – 3 years
- All other Solar PV components – 12 months
- Solar thermal panels – (Joule) 5 years on manifolds and 20 years on tubes
- Solar cylinders (Joule stainless steel) – 25 years
- Solar cylinders (Joule wellmaster) – 10 years
- Solar cylinders (Joule copper) – 1 year
- All other solar thermal components – 1 year
- Solar thermal servicing – 3 months workmanship warranty on non AEI installations
- Solar thermal servicing – 6 months workmanship warranty on AEI installations
- Major parts supplied at servicing are covered by 1 years warranty
- Boilers – 5-10 year warranty – Please refer to your quote for chosen boiler warranty
- Heating Controls (Salus remote access) – 5 year warranty
- Heat pumps (NIBE) – 2 years
- Heat pumps (NIBE with Unipipe underfloor system) – 3 years
- Hitachi – 5 year limited warranty
- All other heating related components – 1 year
- Heat recovery ventilation units – 2 years (with 5 years on fan motors)
- Ductless heat recovery units – 2 years warranty
- CMEV / DCV Units – 1 year
- All other ventilation components – 1 year
Any other components not specifically listed above are deemed to have 12 months warranty unless specified in writing on your quote.
Commercial Terms and Conditions
Terms & Conditions
1 Definitions
1.1 Contractor shall mean Alternative Energy Ireland its successors and assigns or any person acting on behalf of and with the authority of Alternative Energy Ireland.
1.2 ‘Client” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorization or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Contractor to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by the Contractor to the Client.
1.5 “Services” shall mean all services supplied by the Contractor to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the cost of the Goods as agreed between the Contractor and the Client subject to clause 3 of this contract.
2 Acceptance
2.1 Any instructions received by the Contractor from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Contractor shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Contractor.
2.4 The Client undertakes to give the Contractor at least fourteen (14) days notice of any change in the Client’s name, address, and/or any other change in the Client’s details.
3 Price And Payment
3.1 At the Contractor’s sole discretion the Price shall be either
a) as indicated on invoices provided by the Contractor to the Client in respect of Goods and/or Services supplied; or
b) the Contractor’s quoted Price (subject to clause 3.2) which shall be binding upon the Contractor provided that the Client shall accept the Contractor’s quotation in writing within thirty (30) days.
3.2 The Contractor reserves the right to change the Price in the event of a variation to the Contractor’s quotation or due to a rise in prices anywhere in the supply chain for the contractor.
3.3 Any extra work required requested will be highlighted with the Contractor and agreed by the Client before commencement.
3.4 At the Contractors’ sole discretion a deposit may be required and quotations are valid for 90 days in all cases.
3.5 Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 At the Contractor’s sole discretion
(a) payment shall be due on delivery of the Goods and/or Services, or
(b) payment shall be due before delivery of the Goods and/or Services, or
(c) payment for approved Clients shall be made by installments in accordance with the Contractor’s payment schedule, or
(d) payment for Client whom hold an account with the contractor shall be due thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
(e) Heating zones cannot be confirmed prior to any heating controls upgrade under any circumstances. They can only be confirmed during, or when the installation is finished.
3.7 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and the Contractor.
3.8 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price
4 Delivery Of Goods
4.1 At the Contractor’s sole discretion delivery of the Goods and/or Services shall take place when the Client takes possession of the Goods and or Services at the Client’s address.
4.2 On receipt of a booking deposit the works will be scheduled by agreement between the Contractor and the Client. Variations to start dates may occur, the Contractor will keep the Client advised of any likely change to the agreed schedule. The Contractor accepts no responsibility whatsoever for any loss or damage caused due to a schedule change.
4.3 At the Contractor’s sole discretion the costs of delivery are included in the price.
4.4 The Client shall make all arrangements necessary to take delivery of the Goods and/or Services whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods and/or Services as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery.
4.5 Delivery of the Goods and/or Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.6 The Contractor may deliver the Goods and/or Services by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions in these terms and conditions
4.7 The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
(a) such discrepancy in quantity shall not exceed 5%, and
(b) the Price shall be adjusted pro-rata to the discrepancy.
4.8 The failure of the Contractor to deliver shall not entitle either party to treat this contract as repudiated.
4.9 The Contractor shall not be liable for any loss or damage whatever due to failure by the Contractor to deliver the Goods (or any of them) promptly or at all.
5 Risk
5.1 If the Contractor retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Contractor is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Contractor is sufficient evidence of the Contractor’s rights to receive the insurance proceeds without the need for any person dealing with the Contractor to make further inquiries.
6 Title
6.1 It is the intention of the Contractor and agreed by the Client that ownership of the Goods shall not pass until:
(a) the Client has paid all amounts owing for the particular Goods, and
(b) the Client has met all other obligations due by the Client to the Contractor in respect of all contracts between the Contractor and the Client.
6.2 Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then the Contractor’s ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Contractor shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from the Contractor to the Client the Contractor may give notice in writing to the Client to return the Goods or any of them to the Contractor. Upon such notice, the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) the Contractor shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to the Contractor then the Contractor or the Contractor’s agent may enter upon and into land and
(e) the Client is only a bailee of the Goods and until such time as the Contractor has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for the Contractor; and
(f) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Contractor; and
(g) the Contractor can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(h) premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods and
(i) until such time that ownership in the Goods passes to the Client if the Goods are converted into other products, the parties agree that the Contractor will be the owner of the end products.
7 Client’s Disclaimer
7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Contractor and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment.
8 Defects
8.1 The Client shall inspect the Goods and/or Services of completion and shall within one (1) day notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote in writing. The Client shall afford the Contractor an opportunity to inspect the Goods and/or Services within a reasonable time following delivery if the Client believes the Goods and/or Services are defective in any way. If the Client shall fail to comply with these provisions the Goods and/or Services shall be presumed to be free from any defect or damage. For defective Goods and/or Services, which the Contractor has agreed in writing that the Client is entitled to reject, the Contractor’s liability is limited to either (at the Contractor’s discretion) replacing the Goods and/or Services or repairing the Goods and/or Services.
8.2 No Goods shall be accepted for return except in accordance with 8.1 above
9 Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
9.1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).
9.2 Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or legislation.
9.3 In situations where defects in goods or workmanship arise, the contractor should be notified within 7 days and given access to sort within a reasonable timeframe. No consequential damages will be accepted by the contractor.
9.4 In particular where the Client buys Goods as a consumer the provisions of Clauses 8, 9 and 10 above shall be subject to any laws or legislation governing the rights of consumers
10 Default & Consequences Of Default
10.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
10.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in pursuing the debt including legal costs on a solicitor and own client basis and the Contractor’s collection agency costs.
10.3 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Contractor may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor exercised its rights under this clause
10.4 If any account remains overdue after thirty (30) days then an amount of the greater of €20.00 or 10.00% of the amount overdue (up to a maximum of €200) shall be levied for administration fees which sum shall become immediately due and payable.
10.5 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to meet its payments as they fall due, or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
11 Cancellation
11.1 The Contractor may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods and/or Services are delivered by giving written notice. On giving such notice the Contractor shall repay to the Client any sums paid in respect of the Price. The Contractor shall not be liable for any loss or damage whatever arising from such cancellation.
11.2 The Client may cancel the order for up to fourteen (14) days from the date of signing the contract without incurring any cost.
11.3 In the event that the Client cancels the order, the Client shall be liable for any loss incurred by the Contractor (including, but not limited to, any loss of profits) up to the time of cancellation. Any deposit paid cannot be refunded if the job is cancelled by the client before the works commence and after the 14 day period. This is to cover costs associated with processing the order.
12 Data Protection Act 1988 & Data Protection Act 2003 & Data Protection Act 2018
12.1 The Client and the Guarantor/s (if separate to the Client) authorizes the Contractor to:
(a) collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
(b) to disclose information about the Client, whether collected by the Contractor from the Client directly or obtained by the Contractor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of the listing (whether before or after judgment) a default by the Client on publicly accessible credit reporting databases.
12.2 Where the Client is an individual the authorities under (clause 16.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
12.3 The Client shall have the right to request the Contractor for a copy of the information about the Client retained by the Contractor and the right to request the Contractor to correct any incorrect information about the Client held by the Contractor.
13 General
13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
13.3 The Contractor shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions.
13.4 Maintenance of all systems is the responsibility of the client. Ventilation systems require a service every 2 years, Solar thermal is every 2-3 years, Solar PV is an inspection every 3 years, boilers are every 1 year.
13.5 In the event of any breach of this contract by the Contractor the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Contractor exceed the Price of the Goods.
13.6 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Contractor.
13.7 Where issues arise with any product, the contractor will be given time to carry out repairs to such. Product faults are not the fault of the contractor, but it is the contractors responsibility to get these sorted.
13.8 The Contractor may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
13.9 The Contractor reserves the right to review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change. Except where the Contractor supplies further Goods to the Client and the Client accepts such Goods, the Client shall be under no obligation to accept such changes.
13.10 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other events beyond the reasonable control of either party.
13.11 Any dispute arising or in connection with these Conditions or the sale of goods and/or supply of services shall be referred to arbitration by a single arbitrator nominated and appointed by agreement or in default on application to the Law Society and the Arbitrations Acts shall apply.
14 Warranty
14.1 Warranty on any labor for works that we carry out is 1 year. Labour warranty relates to physical work we carried out and does not cover any element of any component.
14.2 Warranty on parts or components varies as follows (unless stated differently the quote).
Each of these below warranties is offered by the manufacturer and not by AEI.
Solar PV panels – 12 years on workmanship / corrosion etc.
Solar PV output guarantee – 25-30 years linear power output guarantee – Please refer to your quote for chosen panels guarantee
Solar PV inverters – 5 years, with the option in some cases to pay to extend to 10-20 years depending on the model chosen
Solar battery – Pylontec 7 years and 10 years if registered
All other Solar PV components – 12 months
Solar thermal panels – (Joule) 5 years on manifolds and 20 years on tubes
Solar cylinders (Joule stainless steel) – 25 years
Solar cylinders (Joule wellmaster) – 10 years
Solar cylinders (Joule copper) – 1 year
All other solar thermal components – 1 year
Solar thermal servicing – 3 months workmanship warranty on non-AEI installations
Solar thermal servicing – 6 months workmanship warranty on AEI installations
Major parts supplied at servicing are covered by 1 years warranty
Boilers – 5-10 year warranty – Please refer to your quote for chosen boiler warranty
Heating Controls (EPH) – 5 year warranty
Heat pumps (NIBE) – 2 years
Heat pumps (NIBE with Unipipe underfloor system) – 3 years
Hitachi – 5 year limited warranty
All other heating related components – 1 year
Heat recovery ventilation units – 2 years (with 5 years on fan motors)
All other Heat recovery ventilation components – 1 year
Any other components not specifically listed above are deemed to have 12 months warranty unless specified in writing on your quote.
Solar thermal servicing