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
3.1 Term
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).
3.2 Commencement
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.
3.4 Cancellation
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 operations@swyftenergy.ie.
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 operations@swyftenergy.ie.
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.
3.6 Termination
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 operations@swyftenergy.ie
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. WARRANTIES
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:
(i) the
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.
10. ASSIGNMENT
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 operations@swyftenergy.ie 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.
18. GENERAL
18.1 Notices
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.
18.2 Amendments
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.
18.4 Severance
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.
19. GLOSSARY
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.