Servicing Terms & Conditions
These are our standard terms and conditions for Boiler Servicing. You will be deemed to have accepted this contract from the date that you sign up to the Swyft Boiler Care service. We recommend that you read our Privacy Notice, to understand your data protection rights and how we collect and use your Personal Data. All of our Privacy Notices are located at https://www.swyftenergy.ie/privacy-policy.
BY ORDERING THE SWYFT BOILER CARE SERVICE YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS.
1. SWYFT BOILER CARE
1.1 The Swyft Boiler Care service includes one Boiler Service and Boiler Safety Check for each Contract Year during the term of your subscription for Swyft Boiler Care. Swyft Boiler Care does not include any additional labour or any parts required to repair the Boiler. If a part or additional labour is required to repair the Boiler, this will be quoted for separately.
1.2 The price quoted in respect of the Annual Fees by Swyft Energy (or as notified to you from time to time by Swyft Energy in accordance with clause 4.1) is for the service of a central heating boiler that does not exceed 45kW output. Swyft Boiler Care is for System Boilers and Standard Boilers and includes combination or condensing/high efficiency type boilers.
1.3 Swyft Boiler Care entitles you to one video support call per year. This is a video call with a member of our team who will discuss with you any issues you may be having with your Boiler and try to resolve your boiler issue remotely. If they are unable to resolve the issue remotely, a Service Engineer may be required to attend the Property for a Swyft Call Out. You will be required to pay the applicable Swyft Call Out Fees in respect of any such Swyft Call Out.
1.4 Swyft Boiler Care subscribers will be given priority over customer of Swyft Energy who have not subscribed for Swyft Boiler Care when scheduling a Swyft Call Out if an issue arises with your Boiler. You will be required to pay the applicable Swyft Call Out Fees in respect of any such Swyft Call Out.
1.5 If a manufacturer issue arises with your boiler while you are subscribed to Swyft Boiler Care, you may report the issue to Swyft Energy. Swyft Energy will contact the manufacturer on your behalf in an attempt to resolve any such manufacturer issue. Swyft Energy shall take no responsibility for the manufacturer issue other than to contact the manufacturer on your behalf. You must report any such manufacturer issue to Swyft Energy in writing within three Business Days of any such manufacturer issue arising to avail of the assistance offered by Swyft Energy under this clause 1.5.
1.6 Please note that clauses 1.3, 1.4 and 1.5 do not apply to customers who are not subscribed to Swyft Boiler Care and who choose to pay for a one-off annual Boiler Service.
2. SCOPE OF SERVICE
2.1 Boiler Service
As part of your subscription for Swyft Boiler Care, a Service Engineer will perform a Boiler Service Visit in order to carry out a full Boiler Safety Check and a Boiler Service on the Boiler once per Contract Year in accordance with the manufacturer’s instructions and/or guidelines as laid down in the current edition of the Irish Standard 813 (“I.S. 813”). The following is a list of minimum checks and tests the Service Engineer will carry out on the Boiler where applicable:
- check the condition of and permitted location of the appliance and its electrical controls
- inspect flue integrity, suitability, condition, size, route, functionality, terminal, cowl, guard and installation standard;
- check ventilation as per manufacturer’s instructions or as outlined in I.S. 813 - ensuring correct location, size, type and source;
- conduct electrical safety tests including fuse rating, isolation switch, polarity, earth continuity, resistance to earth, short circuit test, supply voltage;
- check accessibility, functionality and condition of isolating valves;
- inspect / clean fan unit and evaluate performance and functionality;
- inspect / clean heat exchanger as per manufacturer’s instructions;
- inspect / clean / adjust main and pilot burners and injectors;
- check / clean / adjust ignition and ionisation electrodes;
- check flame picture;
- check temperature control;
- check operation of boiler safety devices;
- check appliance gas rating;
- conduct burner pressure tests;
- sample air intake analysis;
- sample flue gas analysis to ensure efficient and safe operation of the appliance;
- conduct appliance gas safety tests;
- adjustment time and temperature controls as required; and
- complete RGII appliance conformance certificate and leave copy with the Customer.
The Service Engineer may conduct such other tests and checks as he may determine are reasonably required for specific types of gas boilers.
2.2 Boiler Safety Check: during a Boiler Service Visit, a Service Engineer will check the integrity of the Boiler in accordance with Annex C of I.S. 813.
3. TERM AND TERMINATION
These Terms and Conditions and your subscription for Swyft Boiler Care will continue in force from year to year from the date on which the commencement of your subscription for Swyft Boiler Care comes into effect in accordance with clause 3.2, unless you terminate it by giving us notice in accordance with clause 3.6, or we terminate it by giving you notice in accordance with clauses 3.8 or 3.9 (whichever is earlier).
When you order Swyft Boiler Care, Swyft Energy may run a credit check against you and perform a full eligibility check on the Boiler at a time and date agreed with you. If we choose to carry out either or both of these checks and they are satisfactory to Swyft Energy, these Terms and Conditions and your subscription for Swyft Boiler Care will come into effect from the later of (i) the date that we notify you that the credit check is satisfactory to us and (ii) the date that we notify you that the Boiler is suitable for Swyft Boiler Care. Upon termination of Swyft Boiler Care, Swyft Energy will have no further obligations to you in respect of the Boiler or otherwise under these Terms and Conditions.
Where the credit check and/or the full eligibility check on the Boiler are satisfactory to Swyft Energy, the Service Engineer will carry out the Boiler Service and/or Boiler Safety Check on the date agreed between you and Swyft Energy. Swyft Energy will not be obliged to commence or continue a Boiler Service and/or Boiler Safety Check unless it is satisfied with your credit check results and/or the full eligibility check on the Boiler, and that no Health and Safety issue exists which would mean it would be inappropriate, unsafe or otherwise unsuitable for the Boiler Service and/or Boiler Safety Check to commence or continue. For the avoidance of doubt, this will include circumstances where Swyft Energy determines that the Boiler is inaccessible, due to the enclosure or compartment in which it is located, so as to impede the Service Engineer commencing or continuing with the Boiler Service and/or Boiler Safety Check. Please see clause 12 for further information.
In circumstances where we determine that we are not in a position to commence or continue the Boiler Service and/or Boiler Safety Check due to a Health and Safety issue, we will charge you a cancellation fee equal to €30. Boiler Service Visits will be conducted during normal working hours (8am to 8pm Monday to Friday and 8am to 6pm on Saturdays excluding bank holidays and public holidays in Ireland), unless otherwise agreed between the Parties. If the issue preventing the Boiler Service and/or Boiler Safety Check from proceeding or continuing is removed and the appointment is rescheduled by you within 10 Business Days of the most recent Boiler Service Visit, we will refund the cancellation fee of €30.
3.3 Your Responsibilities
It is your responsibility to provide the Service Engineer with the necessary access to the Property at the time of our appointment(s) to carry out the Boiler Service and/or Boiler Safety Check. If we are not able to gain access to your Property at the time of any appointment, because you are not available to provide access we will not be able to carry out the Boiler Service and/or the Boiler Safety Check and it is your responsibility to arrange another appointment.
If we are not able to gain access to your Property at the time of an appointment, we will inform you that we were not able to carry out the Boiler Service and/or Boiler Safety and we will charge you a cancellation fee equal to €30. You are also responsible for making sure that (a) we can safely access your Property, which includes providing safe access to your Boiler; and (b) there is sufficient gas in the system to allow the Boiler Service and/or Boiler Safety Check to be completed (applicable to pre-pay meters only). In circumstances where we are not in a position to proceed with the Boiler Service and/or Boiler Safety Check due to (a) or (b), we will inform you of this and charge you a cancellation fee equal to €30.
It is also your responsibility to take care in or around areas where work is taking place during a Boiler Service Visit and to ensure that any children or animals in the Property are kept away from any area where work is being carried out or equipment is being stored and all areas in between.
In circumstances where you subscribe for Swyft Boiler Care over the phone, you may cancel your subscription for Swyft Boiler Care within fourteen (14) days (the “Cancellation Period”) of receiving these Terms and Conditions, without giving a reason by calling our customer service representatives on 01 504 2111 or by email to email@example.com. If you have been charged the Annual Fees within the Cancellation Period, you may request a refund of such Annual Fees, otherwise you will not be charged in respect of any such Annual Fees. You will not be entitled to a refund of any Annual Fees in circumstances where a Boiler Service and/or Boiler Safety Check has been carried out during the Cancellation Period.
You can cancel any Boiler Service Visit without charge up to two full Business Days before the Boiler Service Visit is due to be carried out by calling our customer service representatives on 01 504 2111 or by email to firstname.lastname@example.org. The Boiler Service Visit may be rescheduled by you at the time of cancelling it, or at a later date during the term of your subscription for Swyft Boiler Care, to a new date and time agreed with us. If you cancel less than two full Business Days before the time of the Boiler Service Visit, we will charge you a cancellation fee equal to €30. You will also be deemed to have cancelled with less than two full Business Days’ notice if, without at least two full Business Days’ prior notice to us, the Service Engineer cannot access your Property to carry out the Boiler Safety Check and/or Boiler Service at and on the agreed time and day.
3.5 Annual Notification
You will be emailed a notification annually by Swyft Energy, prior to the Annual Service Date, to arrange a time for a Boiler Service Visit.
If you no longer wish to have your Boiler serviced by Swyft Energy after the initial term of your subscription for Swyft Boiler Care, you may cancel your subscription for Swyft Boiler Care at any time:
(a) by calling our customer service representatives on 01 504 2111; or
(b) by email to email@example.com
but in either case, prior to the earlier of:
(i) the Annual Service Date; or
(ii) within fourteen (14) days after the date of the letter of notification reminding you of your annual Boiler Service Visit is sent out by Swyft Energy.
3.7 If you fail to terminate your subscription for Swyft Boiler Care in accordance with clause 3.6:
(a) where you have chosen to pay the Annual Fees in one lump sum payment, we have the right to retain such proportion of the Annual Fees that is equivalent to the Late Cancellation Fee. We will refund to you an amount equivalent to the remainder of the Annual Fees (being the total Annual Fees less the Late Cancellation Fee); or
(b) where you have chosen to pay the Annual Fees by way of monthly direct debit instalments, we have the right to retain the relevant monthly instalment of the Annual Fees for Swyft Boiler Care by way of direct debit from your bank account in satisfaction of the Late Cancellation Fee, including any monies paid in advance by way of monthly direct debit in respect of the Annual Fees, together with any applicable administration charges as set out in clause 4.2.
3.8 We shall be entitled to terminate your subscription for Swyft Boiler Care or to offer you a reduced level of cover on your Boiler, at any time by giving you notice in writing if:
(a) you fail to book a Boiler Service Visit within 14 days following notification from us of your Annual Service Date;
(b) you default in making any payment due to us;
(c) in the opinion of a Service Engineer, there is a Health and Safety issue (which will be reported to you where relevant) that means it is inappropriate, unsafe or otherwise unsuitable for the provision of Swyft Boiler Care to continue or proceed; or
(d) in the opinion of a Service Engineer, your Boiler can no longer be maintained in good working order by the provision of replacement spare parts or your Boiler is damaged beyond economic repair otherwise than through default of Swyft Energy.
3.9 We shall otherwise be entitled to terminate your subscription for Swyft Boiler Care at any time without reason by giving you seven (7) days’ notice.
3.10 Upon termination of your subscription for Swyft Boiler Care in accordance with clause 3.8 or 3.9, Swyft Energy will have no further obligations to you in respect of the Boiler or otherwise under these Terms and Conditions.
3.11 You shall not be entitled to repayment of any Annual Fees previously paid to Swyft Energy in respect of your subscription for Swyft Boiler Care on cancellation or termination of your subscription for Swyft Boiler Care. Upon cancellation or termination of your subscription for Swyft Boiler Care, you shall immediately cease to be entitled to the services set out in clauses 1.3, 1.4 and 1.5 of these Terms and Conditions.
4. PRICE PAYABLE BY YOU
4.1 Subject to clauses 4.2 to 4.4 below, the Annual Fees payable by you for Swyft Boiler Care is set out on the Swyft Energy website or as notified to you by Swyft Energy from time to time. Swyft Energy may vary or increase the applicable Annual Fees and Swyft Call Out Fees from time to time. Swyft Energy shall notify you of any such variation or increase in the applicable Annual Fees and Swyft Call Out Fees by giving you not less than 30 days’ notice.
The cost of any replacement parts and any additional labour that may be required to replace such replacement parts will be charged to you separately and will not be included in the Annual Fees. The cost of any additional Boiler Service Visits required by you beyond your entitlement set out in clause 3.1 or any Swyft Call Out Fees incurred will be charged to you separately and will not be included in the Annual Fees.
You can check the current Annual Fees applicable to Swyft Boiler Care and our other boiler servicing products on the Swyft Energy website at www.swyftenergy.ie or by calling our customer service representatives on 01 504 2111. The price of Swyft Boiler Care and all other prices quoted to you are inclusive of VAT at the applicable rate from time to time.
4.2 The annual amount you pay may be subject to an additional administration charge in the event that you choose to pay for Swyft Boiler Care by way of monthly direct debit instalments. We will notify you of any additional administration charge at the time you choose your payment method.
4.3 Boilers that have not been serviced on a regular basis may need additional work and time and this labour element will be in addition to the Annual Fees. Where reasonably possible, the Service Engineer will advise you of any required labour outside the scope of Swyft Boiler Care and will provide you with an estimate of the costs of the required labour prior to commencing any work on your Boiler or once the Boiler has been initially internally inspected and will only then proceed with your agreement. We will charge you for any additional required labour outside the scope of Swyft Boiler Care in 15 minute units. You can check the current applicable rates www.swyftenergy.ie or by calling our customer service representatives on 01 504 2111. Additional charges may apply in instances where a Service Engineer identifies parts or component failure or potential failure during the Boiler Service Visit as set out in clause 6.1.
4.4 If you agree to have the Service Engineer replace parts or components in accordance with clause 6 below, you will also be charged for the costs of such replacement parts or components.
5. PAYMENT TERMS
5.1 Subject to clauses 5.2 to 5.5 below, you may pay the Annual Fees for Swyft Boiler Care (and any additional Boiler Service Visits, labour or parts provided by the Service Engineer with your prior agreement) by any of the following methods:
(a) by paying for Swyft Boiler Care by way of monthly debit instalments via debit or credit card (subject to a satisfactory credit check); or
(b) If you wish to pay for a one off Boiler Service Visit or any other additional payment, you can make a pre-payment by debit or credit card.
5.2 We will ask for your payment details and preferred payment method at the same time that you book your initial Boiler Service Visit. If you choose to pay by way of debit instalments, you may provide your direct debit instructions by telephone or in writing.
5.4 If you avail of the option to pay for Swyft Boiler Care by direct debit instalments you may terminate the arrangement at any time in accordance with the provisions of clause 3. On termination you shall be required to pay the full outstanding amount in respect of any amounts due and owing by you to Swyft Energy.
5.5 If you do not pay us any sum due under these Terms and Conditions when due we may charge you a late payment fee equal to 5% of the then due payment.
6. PROVISION OF SPARE PARTS
6.1 The Service Engineer may, during the Boiler Service Visit, identify parts or component failure or potential failure. The Service Engineer will advise you of the cost of replacement of any such parts or components and if necessary, but subject to your signed authorisation, will supply and fit adequate replacement parts or components, subject to their availability. Title to the replacement parts and/or components will only pass to you when you have paid Swyft Energy for them.
6.2 Replacement parts or components may not be the same as the parts being replaced and may not be from the original manufacturer.
6.3 We will not be responsible for any delay in the provision, or unavailability, of spare parts by suppliers or manufacturers.
6.4 Any parts or components which are removed from your Boiler by the Service Engineer will, unless you specify otherwise, be left with you and not removed from the Property. You should retain this part or component until you are satisfied that the new part or component has eliminated the fault and to allow for re-testing in the event of a further fault arising with your Boiler.
6.5 For the avoidance of doubt, we will not fit replacement parts or components not supplied by us.
6.6 If the Service Engineer needs to leave the Property to source replacement components or parts, your written approval of the cost of any such replacement components and/or parts, and any additional labour charges (if applicable) is required before the Service Engineer will return to fit the replacement components and/or parts.
7. DANGEROUS WASTE MATERIAL
Should we find asbestos or other dangerous or potentially dangerous waste materials in or around the Property, then you will need to engage a specialist competent contractor to arrange for the removal of such dangerous waste material before the Boiler Service and/or Boiler Safety Check may proceed or continue. In circumstances where asbestos is present on the Property, when you have had all asbestos removed, a certificate from the specialist competent contractor certifying the absence of asbestos exposure risk as referred to in the Safety Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (or any amendment thereof or replacement regulations), must be provided to us before we will do any further work to the Property.
8.1 All work undertaken by the Service Engineer while servicing the Boiler carries a thirty (30) day warranty from the date on which the work is carried out by the Service Engineer (the “Warranty Period”). You are required to notify Swyft Energy in writing of any fault or defect within 5 days of the date on which become or ought reasonably to have become aware of the fault or defect. Subject to the other provisions of this clause, if you have any problems with the Boiler in the Warranty Period after the work has been done no additional fees shall apply if the Service Engineer has to call back to the Property. However, if, when he calls back, the Service Engineer identifies a problem with the Boiler that is not related to the Boiler Service previously carried out, the Service Engineer will advise you of the cost of the labour and any replacement parts or components necessary to rectify the matter. Subject to your signed authorisation, the Service Engineer will then fix the problem and you will be charged for the time it takes for the Service Engineer to rectify the matter and for the cost of any necessary parts or components. Time will be charged in 15 minute units. You can check the current applicable rate by contacting our team on 01 504 2111.
8.2 With regard to the supply of any replacement parts or components and of any other materials supplied as part of the Boiler Service, we warrant that at the time of installation the replacement parts and/or components (as the case may be) and any other such materials will be of merchantable quality and will be fit for the purpose for which they are supplied (within the meaning of section 10 of the Sale of Goods Acts, 1893 and 1980). We also warrant that, to the extent that statutory provisions apply to the Boiler Service, we shall comply with same.
8.3 With regard to the Boiler Service, we warrant that:
(a) the Service Engineer has the necessary skill, training, qualification and experience to carry out the works pursuant to these Terms and Conditions;
(b) the Service Engineer will carry out the Boiler Service with due skill, care and diligence PROVIDED ALWAYS that where the Service Engineer has complied with all the manufacturer’s instructions and guidelines, I.S. 813 the Service Engineer shall be regarded as having met the appropriate standard of skill, care and diligence; and:
(c) where materials are used for the purposes of the Boiler Service, they will be sound and reasonably fit for the purpose for which they are required.
8.4 In addition to the warranties set out in clauses 8.1, 8.2 and 8.3 above but subject to clause 8.6 below, we will, within a period of 12 months (unless otherwise specified by the manufacturer) from the date of completion of the Boiler Service, repair or replace free of charge any faulty replacement parts and/or components supplied by us under these Terms and Conditions. This shall apply only to defects which appear within a period of 12 months (unless otherwise specified by the manufacturer) from the date that the parts and/or components were replaced and provided that any such defect is notified to Swyft Energy in writing within 21 days of the date on which you become or ought reasonably to have become aware of the defect. Your rights under this clause 8.4 are in addition to and not in substitution of your rights at law.
8.5 You represent and warrant to us that:
(a) you are the owner of the Property or have full power and authority to enter into these Terms and Conditions and to comply with the provision of, and perform all of your obligations and exercise all of your rights under these Terms and Conditions;
(b) all consents, licences, approvals and authorisations required in connection with the entry into, performance, validity and enforceability of these Terms and Conditions have been obtained and are in full force and effect; and
(c) you will perform your obligations and exercise your rights under these Terms and Conditions in accordance with all applicable laws and regulations.
8.6 We will not be responsible or have any liability for:
(a) The following faults or defects or any work required to rectify same (including, for the avoidance of doubt, during the Warranty Period under clause 8.1):
(i) any defect or damage occurring
from a failure of the electricity, fuel or water supply;
(ii) failure of the pump due to water leaking from the isolating valves or the connecting pipe-work or components;
(iii) any defects or inadequacy attributable to the original design of the central heating system, including but not limited to pitching, sludging of water, limescale formation;
(iv) defects or malfunctions due to faulty materials or workmanship in manufacture;
(v) any defect or malfunction which arises as a result of any other cause not due to the neglect or default of Swyft Energy;
(vi) normal wear and tear or any deterioration in the condition, effectiveness or operation of the central heating installation, radiators, pipework or any part thereof as a result of its use or the passing of time;
(vii) any consequential or indirect loss suffered because of water leaks and/or a breakdown of the Boiler and the cost of putting right faults caused by damage or not using the appliance, or of interim supply of heat through other means;
(viii) any defect caused through malicious or wilful action, negligence, misuse or third party interference;
(ix) any defect or damage occasioned by fire, lightning, explosion, flood, storm, tempest, frost, impact or other extraneous cause;
(x) any modification, adjustment or repair to the Installation by a third party;
(xi) any defect or damage or detrimental effect to the appliance due to contamination (including by water, bacteria, sediment or sludge) of fuel or lack of fuel supply;
(xii) any defect or damage or detrimental effect due to the incorrect fuel supply by a third party;
(xiii) any defect or damage or detrimental effect caused as a result of inappropriate condensate discharge including to a septic tank or in contravention of the Water Pollution Acts 1977 and 1990 as amended;
(xiv) any damage caused owing to the act, omission or negligence of Customer or any third party; and/or
(xv) any failure by the Customer to comply with any instructions provided by Swyft Energy or any Service Engineer for the proper use and maintenance of the Boiler.
(b) Any loss of gas caused by third party interference.
9. EXCLUSIONS TO SWYFT BOILER CARE
9.1 The following are excluded from Swyft Boiler Care (including, for the avoidance of doubt, the Boiler Service, the Boiler Safety Check and the Warranty Period):
(a) Any of the following work:
replacement of decorative parts, casing and body of the Boiler;
(ii) refilling central heating system with water and venting radiator or cylinder circuit;
(iii) de-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water;
(iv) de-sludging of the system;
(v) any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise;
(vi) work on the fabric of the building or any associated pipe-work on it or buried in it;
(vii) work on any pumps in inaccessible locations; and/or
(viii) work on any domestic water services including the cold water supply tank, its feed, outlets, overflow and the hot water cylinder. The electrical immersion element is specifically excluded.
(b) Any other exclusions that are brought to your attention by us prior to the commencement of your subscription for Swyft Boiler Care.
Your subscription for Swyft Boiler Care is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. For business reasons, we have the right to assign or transfer all of our rights and obligations under these Terms and Conditions to any other company or person.
11. CONDITION OF CENTRAL HEATING BOILER
11.1 Servicing of a central heating boiler does not imply that it is manufactured or installed satisfactorily or to the prevailing standards or regulations. We do not accept responsibility for any inadequacy attributable to the original design or installation of the Boiler and make no warranty as to fitness for purpose or condition.
11.2 No responsibility or liability is accepted for the quality or condition of any equipment in the Property, at the time of the Boiler Service (including, without limitation, any equipment (such as the Boiler), pipework, cables, connections, controls, water supply pipes, electrical, flues or chimneys).
12. NOTICE OF HAZARD
12.1 We may issue a Notice of Hazard as per I.S. 813 and / or the manufacturer’s instructions in a number of different circumstances including, without limitation, where, in the opinion of the Service Engineer, (i) Level A: the appliance installation does not conform to standard but is safe to continue to use pending rectification; (ii) Level B: the appliance installation does not conform to standard and is considered unsafe and requires immediate isolation of the appliance pending rectification; (iii) Level C: the complete Installation is unsafe for continued use and requires immediate isolation at the meter pending rectification.
12.2 In circumstances where we have issued a Notice of Hazard where we have not been in a position to fully inspect/test any part of the installation of the Boiler we will not accept any responsibility or liability for the quality or condition of the Boiler and for any loss or damage arising out of or in connection with the issuance of a Notice of Hazard by us.
12.3 Where we have issued a Notice of Hazard identifying remedial action in respect of the Boiler but, in the opinion of the Service Engineer, it is safe to continue with the Boiler Service without you first taking the recommended remedial action, it is solely your responsibility to take the recommended remedial action following the Boiler Service. We will, if possible, provide you with an estimate of the likely time required and cost involved to complete the recommended remedial action. It may also be possible to make arrangements with the Service Engineer for this recommended remedial action to be carried out by us at a later date.
12.4 Where, in the opinion of a Service Engineer there is a Health and Safety or non-conformance to standard issue (which will be detailed in the Notice of Hazard where relevant) in respect of the Boiler that means it is inappropriate, unsafe or otherwise unsuitable for your subscription for Swyft Boiler Care to continue, we may terminate your subscription for Swyft Boiler Care. In such circumstances, we will charge you a cancellation fee equal to €30 and the provisions of clause 3.6 shall apply. We reserve the right to contact the relevant local authority if we consider it necessary in the interest of the Health and Safety of you and/or third parties.
12.5 We are not liable or responsible for any losses, liabilities, costs, penalties, fines, damages, defects or personal injuries arising out of or in connection with your decision not to carry out any remedial work recommended to you in a Notice of Hazard or to take any advice given to you by the Service Engineer and/or notified to you in a Notice of Hazard. You agree to indemnify us and keep us indemnified in respect of any losses, liabilities, costs, penalties, fines, damages, expenses, actions, claims or proceedings arising out of or in connection with any claim brought made or threatened by a third party against us relating to or in connection with your decision not to carry out any remedial work recommended to you by us in a Notice of Hazard or to take any advice given to you by the Service Engineer and/or notified to you in a Notice of Hazard.
13. USE OF SUBCONTRACTORS
We reserve the right to use sub-contractors to carry out all or any part of the works to be provided pursuant to these Terms and Conditions.
14. GENERAL LIMITATIONS OF OUR OBLIGATION
14.1 We shall not be liable if any work is carried out on the Boiler, appliance or system by any other party, other than by a subcontractor acting on our behalf. Any such action will give us the immediate right to terminate these Terms and Conditions. You agree to indemnify us and keep us indemnified in respect of any actions, claims or proceedings brought against us and all loss, damage, costs and expenses which we may incur as a consequence of any work carried out on the Boiler, appliance or system by any party other than Swyft Energy without our prior written consent.
14.2 We shall not be liable if we, and/or the Service Engineers, are unable to carry out our obligations due to industrial disputes or any other cause outside our reasonable control, including but not limited to Acts of God, explosion, pandemic, epidemic, flood, lightning, tempest, frost, inclement weather, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or disorder; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental authority, import or export regulations or embargoes; defaults of suppliers or sub-contractors, or any act or omission of any nature whatsoever on the part of the Customer or its agents.
14.3 We shall not be liable for any indirect, special or consequential loss you suffer arising out of or in connection with the provision or non-provision of any goods or services under these Terms and Conditions.
14.4 We have no obligation, duty or liability to you in contract, tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care, except that nothing herein purports to disallow liability for fraud, or liability in the event of the death or personal injury of the Customer (except any personal injury attributable to a person’s decision to set their Boiler below 60 degrees thereby exposing the Customer and/or third parties to the risk of legionella in respect of which you agree to indemnify and keep us indemnified with regard to any claims) attributed to Swyft Energy and nothing herein purports to contract out of the implied undertakings as to quality of service in section 39 of the Sale of Goods and Supply of Services Act 1980.
15. QUALITY AUDITING
Swyft Energy may request to carry out random quality audits on the work carried out on your Boiler both during the Boiler Service Visit and after completion of the Boiler Service. Swyft Energy will notify you by telephone of any such request. All Swyft Energy engineers and supervisors carry identification which will be displayed to you on arrival at the Property.
16. COMPLAINTS PROCEDURE
If you are unhappy with any service or contact that you have with us, you can register your complaint with us in any of the following ways:
· by calling our customer service representatives at 01 504 2111; or
· by email to firstname.lastname@example.org or through our website at www.swyft energy.ie.
17. ENERGY CREDITS
You acknowledge and agree that we are entitled to any energy credits attributable to the servicing of your boiler under this Agreement in accordance with the Irish Government’s Better Energy Scheme or any replacement similar scheme.
Any notice or account sent by ordinary post pursuant to these Terms and Conditions shall be deemed to have been received two days after the day of posting. Any notice sent by the Customer by email shall be deemed to have been received upon confirmation of receipt from Swyft Energy by email or by post.
Any notice required or permitted to be given by the Customer shall be in writing addressed to Swyft Energy, The Rubicon Centre, Bishopstown, Cork or such other address or email address as may be provided to the Customer by Swyft Energy from time to time.
We reserve the right to change these Terms and Conditions at any time. We will publish details of any changes on the Swyft Energy website at www.swyftenergy.ie as soon as is reasonably possible prior to the changes being introduced.
18.3 No waiver
No forbearance, indulgence or relaxation on the part of Swyft Energy shown or granted to the Customer shall in any way affect, diminish, restrict or prejudice the rights or powers of Swyft Energy provided by these Terms and Conditions or by law or operate as or be deemed to be a waiver of any breach, right or remedy under these Terms and Conditions or provided by law.
If at any time any provision of these Terms and Conditions (or any part of a provision of it) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
· the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions (including the remainder of a provision, where only part thereof is or has become illegal, invalid or unenforceable); or
· the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.
18.5 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
18.6 Entire Agreement
The Parties acknowledge that these Terms and Conditions constitutes the complete agreement between the Parties and supersedes all and any prior understandings, agreements, representations or communications whether written or oral between the Parties relating to the subject matter hereof.
In these Terms and Conditions:
“Annual Service Date” means the yearly anniversary of the date of the first Boiler Service Visit;
“Annual Fees” the annual fees payable by the Customer to Swyft Energy in respect of the Swyft Boiler Care service for a Contract Year;
“Boiler” means a boiler on which the Boiler Service is to be carried out;
“Boiler Safety Check” means a safety check of a boiler as described in clause 2.2;
“Boiler Service” means a service of a boiler as described in clause 2.1;
“Boiler Service Visit” means a call-out by a Service Engineer to perform a Boiler Service and/or a Boiler Safety Check;
“Business Day" means a day (other than a Saturday, Sunday or public holiday) when clearing banks in Ireland are open for business;
“Cancellation Period” has the meaning given to it in clause 3.4;
“Contract Year” means the period of one year commencing on the date of your subscription for Swyft Boiler Care and each year thereafter commencing on the anniversary of such date, until your subscription for Swyft Boiler Care is validly terminated in accordance with these Terms and Conditions;
“Customer” or “you” means the customer(s) who subscribes to Swyft Boiler Care, and includes a person who we reasonably believe is acting with your authority or knowledge;
“Health and Safety” means matters relating to:
(a) the applicable requirements of health and safety legislation in Ireland including, but not limited to, the Safety Health & Welfare at Work Act 2005 (as amended from time to time) and any regulations made thereunder from time to time;
(b) the Building Control Acts 1990 to 2020 and any relevant Building Regulations made thereunder and any Building Regulations Technical Guidance Documents;
(c) all relevant Codes of Practice, Guidelines and technical documentation/specifications prepared by the National Standards Authority of Ireland and regional requirements for Ireland;
(d) all relevant Codes of Practice, Guidelines and technical documentation/specifications prepared by ETCI;
(e) System Supplier/Product Manufacturer Instructions and Guidelines;
(f) all relevant installation standards applicable in Ireland, including, without limitation, I.S. 813; and
(g) industry best practice.
“IS 813:” means the current edition of the Irish Standard 813: for Domestic Gas Installations as laid down by the National Standards Authority of Ireland, as amended or replaced from time to time, and any reference in these Terms and Conditions to a specific provision of I.S. 813 shall be a reference to the current version of that provision as amended or replaced from time to time;
“Late Cancellation Fee” means an amount that is equivalent to one twelfth of the applicable Annual Fees;
“Notice of Hazard” means a Notice issued to you to advise of a defect of an installation which might affect the safety or persons or property or cause a pollution incident;
"Parties" means us and you;
“Property” means the domestic address at which we will carry out the Boiler Service;
“Service Engineer” means a qualified and experienced engineer engaged by Swyft Energy to carry out boiler servicing and repair works;
"Standard Boiler" means an appliance that contains a domestic central heating boiler only;
“Swyft Energy”, “us” or “we” means Ardrar Limited trading as Swyft Energy a company incorporated in Ireland with registration number 591657 and registered office at Rubicon, Cork Institute of Technology, Bishopstown Cork, T12 Y275, Ireland and where the context so permits unless the contrary intention appears, its authorised agents and subcontractors;
“Swyft Boiler Care” means the service described in clause 1;
“Swyft Call Out” means a call-out by a Service Engineer to perform maintenance or repair on a Boiler;
“Swyft Call Out Fees” means any and all applicable fees and costs incurred by Swyft in respect of a Swyft Call Out;
"System Boiler” means an appliance that contains a domestic central heating boiler and plumbing components including a circulating pump, expansion vessel and safety valve plus internal piping connecting these devices together;
“Terms and Conditions” means these terms and conditions;
“VAT” means value added tax at the applicable rate from time to time; and
“Warranty Period” has the meaning given thereto in clause 8.1.