+353 1504 2111
Terms & Conditions
1. Interpretation and Definitions
1.1. Unless the contrary intention
appears, words in the plural shall include the singular and words in the
singular shall include the plural.
1.2. Reference to any statute or provision
of any statute shall be deemed to include any statutory modification,
substitution or re-enactment thereof or any statutory instrument, order,
regulation, bye-law, permission or direction made thereunder or under such
modification, substitution or re-enactment.
1.3. References to clauses are clauses in
these Terms and Conditions.
1.4. The term “person” shall include an
individual, firm, company, corporation and any unincorporated bodies of
persons.
1.5. Wherever the following words and
phrases appear in the Sales Quotation or these Terms and Conditions, they will
have the following meaning:
“Agreement” means these Terms and
Conditions together with the Sales Quotation;
“Additional Works” means any
additional and/or rectification work that is required to complete the Works,
which was not included in the Sales Quotation or was not reasonably foreseeable
on a visual inspection of the Property by the Swyft Energy Consultant before we
gave our Sales Quotation;
“Boiler” means the mains gas central
heating domestic boiler(s) to be installed as part of the Works as set out in
your Sales Quotation (if any);
"us" or "we"
means Swyft Energy (Ardrar Ltd. T/A Swyft Energy);
“Swyft Energy Consultant” means a
qualified and experienced assessor engaged by Swyft Energy to carry out an
assessment on your home, and advise you on services you may wish to have
carried out;
“B.S. 7593: 2006” means the British
standard code of practice for treatment of water in domestic hot water central
heating systems, as laid down by the British Standards Institute, as amended or
replaced from time to time, and any reference in these terms and conditions to
a specific provision of B.S. 7593: 2006 shall be a reference to such provision
as amended or replaced from time to time;
“Central Heating Installation” shall
have the meaning given to that term in clause 2;
“Central Heating Parts” means any
central heating parts to be installed as part of the Works as set out in Your
Sales Quotation, other than a Boiler;
“Central Heating System” means your
existing central heating system at the Property (if any) including: (a) the
existing boiler; (b) the existing Controls, (including electrical temperature
controls); and (c) all existing pipes, pumps, radiators, valves, hot water
cylinders and the expansion vessel;
“Controls” means the programmer/time
clock(s), room thermostat (if fitted), cylinder thermostat (if fitted), zone
valves (but excluding the fused spur switch) and smart heating;
“Declaration of Conformance
Certificate” means a declaration of conformity issued by an RGII accredited
engineer in accordance with I.S. 813: 2002;
“Deposit” has the meaning given to it
in clause 3.1;
“ETCI Regulations” means the national
rules for electrical installations, being standard I.S. 10101:2020 or any such
other applicable national rules for electrical installations that may be in
force from time to time;[1]
“Health and Safety Laws and
Standards” means:
(a) the applicable requirements of
health and safety legislation in Ireland including, but not limited to, the
Safety Health & Welfare at Works Act 2005 and any regulations made
thereunder from time to time;
(b) The Building Control Acts 1990
and 2007 and any relevant Building Regulations made thereunder; and
(c) all relevant safety standards
applicable in Ireland, including, without limitation, I.S. 813: 2002 and B.S.
7593:2006;
"Installation Engineer"
means a qualified and experienced engineer (RGII accredited) engaged by Swyft
Energy to carry out the Works;
"I.S. 813: 2002" means
Irish Standard for the Domestic Gas Installation Standard 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 IS shall be a reference to such provision as amended or replaced from time
to time;
“Notification of Hazard” means a
notification issued to you in accordance with the requirements of I.S. 813:
2002 to advise of a defect of a gas installation which might affect the safety
of persons or property;
“Partial Installation” shall have the
meaning given to that term in clause 2.
"Parties" means us and you;
“Deposit” means that part of the
Price you must pay before we will start the Works, as set out in your Sales
Quotation and/or email;
“Price” means the total price you
must pay for the Works as set out in your “Sales Quotation” means the sales
quotation provided to you in respect of the Works (and including all other
parts, material and labour required to install the Boiler and/or Central
Heating Parts into your Central Heating System) via hard copy and/or email;
“Service” has the meaning given to it
in clause 2.1;
“Property” means the domestic address
shown on your Sales Quotation at which we shall carry out the Works;
“RGII” means the Register of Gas
Installers of Ireland;
“Scope of Works” means the summary of
the steps involved in the Works;
"Terms and Conditions"
means these terms and conditions;
“You or your” mean the person or
people who have entered into this Contract with Swyft Energy and includes a
person who we reasonably believe is acting with your authority or knowledge;
"VAT" means value added tax
at the applicable rate from time to time; and
“Works” means the works that we shall
carry out at the Property in respect of the Service, as detailed in your Sales
Quotation, being either a Central Heating Installation or a Partial
Installation.
2. The Service
2.1. Where your agreement is for a Central
Heating Installation, we will remove your Central Heating System and install
your new central heating system including the installation of the Boiler, the
Central Heating Parts and all other parts, material and labour required to
complete the installation of your new central heating system (including, for
the avoidance of doubt, all associated radiators, pipe work and fittings).
Where your contract is for a Partial Installation, we will replace the relevant
part(s) in your Central Heating System with the Boiler and/or Central Heating
Parts (as the case may be) identified in the Sales Quotation (the “Service”).
2.2. We will carry out the Works during
normal working hours (8.00am to 6.00pm Monday to Friday excluding bank holidays
and public holidays in Ireland), unless otherwise agreed between the Parties.
2.3. We shall endeavour to provide
accurate estimates for completion of the Works and will make reasonable efforts
to complete the Works in accordance the estimates provided. We cannot, however,
be held responsible for unexpected delays in commencement or completion of the
Works, for example due to weather or other circumstances beyond our control and
we will not be liable to you for any reasonable delay in the commencement or
completion of the Works.
2.4. When carrying out the Works, we will:
(a) take reasonable care to avoid disrupting your Property; (b) remove all
waste material which results from the Works; (c) remove all disconnected and
redundant parts of your Central Heating System which we replace; and (d) generally
clean up after ourselves.
2.5. The Installation Engineer will, where
applicable, carry out the Works in accordance with Health and Safety Laws and
Standards and in accordance with the provisions of any relevant planning
permission of which we are notified by you.
2.6. It is your responsibility to allow us
access to the Property to carry out the Works.
PERMISSIONS
2.7. This Agreement is subject to your
confirmation that you are the owner of the Property and are not a tenant. In
the absence of your advice to the contrary, we will assume that you are the
owner of the Property. We shall not have any liability for any works which we
carry out which have not been authorised by the owner of the Property and you
agree to indemnify us for any losses howsoever arising that we incur from your
failure to make full and proper disclosure as to the ownership of the Property.
2.8. This Agreement is entered into and
the Works is undertaken by Swyft Energy upon the condition that any required
licences, authorities or permissions (including all requisite planning
permissions) are first obtained by you and that unrestricted access to your Property
will be available in order that the Works may be undertaken. We shall not have
any liability for unauthorised Works and you agree to indemnify us for any
losses howsoever arising that we incur from your failure to obtain any required
such licences, authorities or permissions.
2.9. You shall inform us in advance of
commencement of the Works of any conditions in any planning permission which
are or may be relevant to the Works or the way in which such Works are or will
be carried out. We reserve the right to notify you of any increase in the Price
which may be required as a result of any conditions so notified to us, or in
the event that we reasonably believe that we will not be able to comply with
such conditions, we may cancel this Agreement. We shall not be liable to you in
any way for such cancellation of this Agreement. You do not have to agree to
any increase in the Price notified to you in accordance with this clause and if
you do not so agree, either you or we may cancel this Agreement. In the absence
of your advice to the contrary, we will assume that there are no relevant
conditions in any planning permission of relevance to the Works as aforesaid.
We shall not have any such liability for failure to comply with any condition
in a planning permission which is not notified to us and you agree to indemnify
us for any losses howsoever arising that we incur from your failure to comply
with your obligations under this clause.
2.10. The Boiler, Central Heating Parts and
any other parts and materials will be your responsibility from the time of
delivery to your property. Any loss, theft or damage to these materials will
result in extra charges being incurred.
2.11. If, before the Works is carried out,
you wish to change the nature or the scope of Works to be carried out, we will
advise you of any increase in the Price and provide you with a new Sales
Quotation (which must be confirmed by you in writing or via email) before we
carry out the Works. Any variations required to be made to the Central Heating
Installation, the Partial Installation or any Additional Works required to
properly complete the Works and any additional costs associated therewith,
shall be agreed with you prior to the commencement of the Works or as the case
may be such Additional Works or variation of the Works.
STEPS INVOLVED
2.12. Prior to commencing the Works, the
Installation Engineer will, where relevant:
(a) visually inspect the relevant
parts of the Property and the Central Heating System;
(b) test the integrity of the Central
Heating System; and
(c) carry out a full technical survey
of the Property (including the Central Heating System) to ascertain for the
purpose of facilitating the Works:
(i) the condition and soundness of
your Central Heating System;
(ii) the condition and soundness of
accessible gas pipe work and all flexible connections;
(iii) the adequacy of the fixed air
supply;
(iv) the effectiveness of any flue or
chimney;
(v) the appropriateness of appliance
locations;
(vi) the condition and soundness of
the electrical system; and
(vii) the suitability of the gas,
electricity and water supply to the Property.
2.13. If the above inspections and system
checks reveal that (a) any additional work is required, we shall inform you of
same as soon as possible and confirm whether we are able to undertake such
additional work and provide you with an estimate of the price and time required
for completing the additional work; or (b) any gas safety hazards are
identified, we shall inform you of same as soon as possible and issue you with
a Notification of Hazard and (if possible) provide you with an estimate of the
time required to remedy such gas safety hazards and any associated costs. We
shall not be required to continue with any Works unless and until any increase
in the Price has been agreed by you. We will issue you with a new Sales
Quotation and you must sign this new Sales Quotation before we carry out the Works
(which shall include the Additional Works). Please note that where the
Installation Engineer issues a Notification of Hazard, we will not continue
with any Works unless and until we have been provided with a Declaration of
Conformance Certificate.
2.14. A Scope of Works shall be appended to
the Sales Quotation.
2.15. When carrying out the Works, we will
(if required):
(a) install surface trunking for
wiring;
(b) lift carpets or other floor
coverings (this part of any Works is at your risk and we will discuss and agree
this with you before doing so);
(c) remove radiator coverings (this part
of any Works is at your risk and we will discuss and agree this with you before
doing so);
(d) remove plaster where necessary
and re-plaster to a smooth surface (if agreed and included in your Sales
Quotation);
(e) remove and restore any existing
boxing for pipework (if agreed and included in your Sales Quotation);
(f) fit grilles to supply air for
combustion to standard flue appliances (if agreed and included in your Sales
Quotation);
(g) remove and restore brickwork and
roof-tiles (if agreed and included in your Sales Quotation). In restoring
brickwork or roof-tiles, we will either:
(i) use the nearest matching
materials that we can obtain from a local builder’s merchant, and/or
(ii) use bricks or tiles that you
provide.
2.16. Unless otherwise stated, electrical
wiring, connections and material necessary for the carrying out of the Works
will be included in the Price. When carrying out the Works, we will not create
channels for wiring or pipework in solid walls or floors. The wiring to
components will be run on the wall surface unless otherwise specified and
agreed in your Sales Quotation.
2.17. All new central heating pipe work
will be run in tubing manufactured to the appropriate British Standard or
equivalent with suitable CE marked fittings.
2.18. Where solid fuel back boilers are
present at your Property they will be left drained and drilled only. Removal of
solid fuel back boilers will not be undertaken by Swyft Energy unless included
for in quote.
2.19. In the case of an existing oil-fired
Central Heating System, the oil tank will be disconnected by us but we will not
dispose of any oil contained in the oil tank and will not be responsible for
the removal of the oil tank unless included in the quote. This work should be
undertaken by a specialist contractor if not disposed by Swyft Energy.
2.20. We accept no responsibility for the
suitability of any existing flue at your Property. If any existing flue is to
be used, you must arrange for it to be swept prior to commencement of the
Installation or Part Installation. If an existing flue is used and later proves
to be unsatisfactory in operation then you must arrange for a replacement flue
system to be installed at your own cost. Flue liners will not be installed
in unswept chimneys, nor will fan assisted flue systems be connected
to unswept chimneys.
2.21. While we will exercise all due care
in carrying out the Works and will make good any unnecessary damage caused by
our negligence, you accept that the Works may cause damage
to finishings both internally and externally and that certain areas
of your property may need redecoration following completion of the Works. This
contract does not include provision for the painting of radiators, the making
good of decorations, any additions to cold water secondary services, alteration
to linen cupboard shelves, renewal or repair of floor boards or old pipe runs,
nor for the chasing or boxing in of pipes or wire. All such redecoration or
repair works will be your responsibility and are not included in the Price.
2.22. Swyft Energy takes no responsibility
for existing sludge or waste in your heating system. We will drain, refill and
add inhibitor to your heating system but we (Swyft Energy) cannot guarantee the
removal of all sludge and waste materials that existed prior to any works
carried out by Swyft Energy. In certain circumstances we may recommend a full
chemical cleanse and flush of your heating system prior to installation.
2.23. After the completion of the Works the
Installation Engineer will:
(a) explain and demonstrate the
functions of both time and temperature controls, for the economic use of the
central heating system;
(b) explain the user operating
instructions for the Boiler and Controls;
(c) issue you with a completed
Declaration of Conformance;
(d) issue you with a completed boiler
passport (if a new Boiler has been fitted); and
(e) commission the Boiler and your
central heating system in accordance with the particular manufacturers’
instructions.
3. Price
3.1. The Sales Quotation is an offer by
Swyft Energy to carry out the Works at the Price and is made on the basis that
we will only carry out the Works. The Price (inclusive of VAT) set out in the
Sales Quotation shall be valid for a period of 30 days from the date of the
Sales Quotation unless we notify you, in writing, that we have withdrawn or
amended it during that period. To accept the Price, a minimum deposit of €99
must be paid (the “Deposit”), or finance approved through our
finance partners.
3.2. We may run a credit check against you
in advance of completion of the Works. The purpose of this credit check is to
determine the appropriate payment terms for the Works. Payment for the full
amount of the Sales Quotation is required at least 2 days prior to
installation.
3.3. We will ask for your payment details
and preferred payment method in advance of providing you with a completed Sales
Quotation and will also advise you of the relevant amount. If you do not pay us
any sum due under this Agreement when due, we may charge you a late payment fee
equal to 10% of any amount outstanding.
4. Supplemental Costs
4.1. The Price does not include the cost
of removing any dangerous waste material, such as asbestos.
4.2. The cutting away and making good of the
fireplace aperture is not included in the Price where a fire/back boiler unit
is specified in the Sales Quotation. The removal of flue liners is also not
included. Swyft Energy does not accept responsibility for removal or
reinstatement of any decorations or decorative features in the vicinity of the
fireplace aperture.
4.3. You have no obligation to agree to
any increase in the Price for carrying out the Additional Works, and if you do
not agree to any Additional Works identified by us or if a Notification of
Hazard is issued, either we or you may cancel the Service. In these
circumstances, we shall remove any Boiler or central heating parts or Controls
that we have installed, and shall restore your Property and Central Heating
System (if applicable) to the state they were in before we began Works. We
shall be entitled to charge you a reasonable amount to cover our costs in
carrying out the Works up to the date on which the Service is cancelled and
also in relation to restoring your Property and Central Heating System. We may
deduct these costs from your Deposit and if the costs exceed your Deposit, we
may recover the excess from you.
5. Cancellation / Termination
5.1. Subject to the other provisions of
this clause 5, you may cancel the Service by contacting us on 021-4928933 or
emailing us at info@swyftenergy.ie.
5.2. Once you have accepted the Sales
Quotation, neither party may cancel the Service unless:
(a) these Terms and Conditions allow
it;
(b) Swyft Energy is in material breach
of the Agreement, in which case you shall be entitled to cancel the Service;
(c) you are in breach of any of the
Agreement, in which case we shall be entitled to cancel the Service;
(d) you have not paid the Deposit (if
applicable) or, in our sole reasonable opinion, you have no reasonable prospect
of paying the Price; or
(f) there is a health and safety
issue that means it is inappropriate to fulfil the Service in which case, we
may cancel the Service.
5.3. If you cancel the Service, our
liability to you is as set out in clause 11 hereof.
5.4. Without affecting any other right or
remedy we may have, if we cancel the Service in accordance with this clause 5,
we shall be entitled to charge you the reasonable costs we have incurred in
carrying out the Service before the date of cancellation. We may deduct these
costs from your Deposit, and if the costs exceed your Deposit, we may recover
the excess from you.
5.5. You may cancel a booking for Service
up to 5 working days before the Works is due to be carried out. If you exercise
this right of cancellation, please note that you will be liable for any costs
associated with any boiler or parts sourced by us in preparation for the
performance of the Works before we received notice of your cancellation (and
which cannot be returned to the original supplier or otherwise resold within a
reasonable period). You hereby agree that we may deduct these costs from your
Deposit and if the costs exceed your Deposit, we may recover the excess from
you. The €99 deposit is non refundable. Repeated cancellations of a booking or
lack of access to your Property may, at our discretion, result in refusal to
carry out any work associated with your booking. Upon cancellation by you,
Swyft Energy will have no further duties with respect to your booking.
5.6. Swyft Energy shall
be entitled to cancel your booking for the Service, at any time, without giving
a reason and we will have no further duties with respect to your booking.
6. Refusal to provide the Service
6.1. Swyft Energy shall be entitled to
refuse to provide the Service to you, at any time, without giving a reason.
6.2. We will not be obliged to carry out
the Works unless:
(a) you have accepted the duly
completed Sales Quotation;
(b) you have confirmed that you are
the owner of the Property or the owner of the Property has confirmed to us, in
such form as we may require, that he/she authorises the Works;
(c) the scope of Additional Works (if
any) has been agreed between you and Swyft Energy;
(d) a satisfactory survey of the
Property has been carried out by us in accordance with clause 2.12;
(e) we are satisfied with your credit
check results if applicable; and
(f) you have paid the Deposit if
applicable.
7. Replacement Parts
7.1. The Installation Engineer may, while
carrying out the Service, identify parts in your boiler requiring replacement.
7.2. The Installation Engineer will advise
you of the cost of replacing these parts and, subject to your consent, will
supply and fit suitable replacement parts.
7.3. If during the Service, the
Installation Engineer is required to leave your Property to obtain any
replacement parts, Swyft Energy shall require payment for the Service before
the Installation Engineer leaves your Property.
7.4. Payment for replacement parts will be
required at the time of installation of the replacement parts. In some
circumstances, and depending on the cost or availability of a replacement part,
Swyft Energy reserves the right to request payment in advance of installation
of the replacement parts. Ownership of any replacement parts will only pass to
you upon payment.
7.5. Replacement parts may not be
identical to the parts in your boiler being replaced and may be from a
different manufacturer.
7.6. Swyftenergy will not be responsible
for any delay in the provision of replacement parts by suppliers or
manufacturers.
7.7. Any parts which are
removed from your boiler by the Installation Engineer will, unless you specify
otherwise, be taken away for correct disposal by the Installation.
8. Workmanship Guarantee
8.1. A workmanship guarantee of 1 year
will apply to any replacement parts installed/replaced by the Installation
Engineer (from date of installation of the replacement part).
8.2. The workmanship guarantee covers
labour only on parts installed/replaced by our engineers.
8.3. The workmanship guarantee does not
cover existing pipework or parts of your heating system that have not been
installed/replaced by Swyft Energy.
8.4. If you have any problems with the
work undertaken by the Installation Engineer and notify us of same within this
period, there will be no call out charge payable by you if the Installation
Engineer is required to call back to you.
8.5. If the Swyft Energy team feel the
issue is not related to works undertaken by the Installation Engineer, a call
out charge may be applied at the time of booking the Installation Engineer to
return to the job. If the Installation Engineer identifies the issue is
relating to works undertaken by Swyft Energy, the call out charge will be fully
refunded. The applicable call out charge amount may be confirmed to you upon
request.
8.6. If the Installation Engineer
identifies a problem that is not related to the works he/she carried out, the
Installation Engineer will advise you accordingly and, subject to your consent,
will attempt to rectify the matter.
8.7. You will be charged for the time it
takes for the Installation Engineer to rectify the matter and for the cost of
any replacement parts required. Time will be charged in 20 minute units after
the first hour as per our rate. You will not incur any charge without your
prior consent.
8.8. If you experience any problems with
the work after the guarantee period, a call out charge will be applied at the
time of booking an Installation Engineer to visit your property. Any additional
time after the first hour will be charged in 20 minutes units as per our rate.
9. Conditions of Property and Appliance
9.1. This Agreement is subject to a
suitable gas, electricity and water supply being available to your Property.
The cost of providing such a supply is not included in the Sales Quotation
unless shown as a separate item.
9.2. You are responsible for making sure
that conditions at your Property are suitable for us to do the Works and the
necessary facilities, services and supplies are already installed and working
at your Property.
9.3. If we consider that the conditions at
your Property are not suitable for us to do the Works (which may include the
presence of asbestos at your Property) we will tell you what you must do before
we can perform the Works, as set out in clause
9.4. Before we start Works, you must clear
any furniture or fittings from any rooms or roof space that we need to enter to
do the Works. The Swyft Energy Consultant will agree with you how much clearing
you will need to do. If you do not clear the furniture and fittings as agreed,
we may charge you a reasonable amount to cover our costs for any delay. It is
not envisaged that our Installation Engineers will be responsible for clearing
any furniture or fittings, however if, due to your personal circumstances, you
would like us to carry out any such clearing work, we may, at our discretion,
do so but only on the basis that we are not liable for any damage caused as a
result (unless we have been negligent).
9.5. If you do not comply with your
obligations under this clause 9, we will have the right to cancel the Service
in accordance with clause 5.
9.6. Any work carried out by Swyft Energy
to an appliance does not imply that the appliance is adequately manufactured or
installed or that it satisfies applicable standards or regulations. In no
circumstances, does Swyft Energy accept responsibility in relation to
inadequacies with the original design or installation of an appliance or the
hot water system (e.g. heating up time, incorrect radiator sizes, faulty pipe
work or lack of water circulating in any part of the Central Heating System, or
damage resulting from disturbance of existing supplies, tanks or cylinder).
Moreover, Swyft Energy does not warrant the fitness for purpose or condition of
an appliance.
9.7. During the course of the Works, we
shall endeavour to inform you of any deficiency or inadequacy attributable to
or in the original design or installation of the Central Heating System or hot
water system. We will also provide you with a quotation for rectifying such
deficiencies or inadequacies.
9.8. We do not accept responsibility or
liability for the quality or condition of any existing equipment or appliance
in the Property (including, without limitation, the Central Heating System and
hot water system or any part thereof).
9.9. We may identify and inform you that
new parts need to be connected to your existing Central Heating System and you
may instruct us to connect these new parts. Please note, however, that we will
not accept responsibility or liability for the cost of repairing or replacing
these new parts unless we have been negligent in connecting these new parts.
9.10. We accept no responsibility or
liability where your Central Heating System fails to work properly and such
failure is attributable to inadequacies in your electricity or water supply or
varying water pressures.
9.11. The quote is subject to that the
premises conforms with all current ETCI Regulations i.e.:
i) Main electrical installation is
correctly neutralized.
ii) Main supply cable is of
10sq/16sq.
iii) Earth electrode is in place.
iv) 10sq earth cable is present at
gas pipe.
v) All relevant pipe work is earthed
vi) Supply to boiler is RCD(trip
switch) protected complete with 3 amp fuse.
vii) Loop impedance readings and RCD
tripping time is within given guidelines.
If any of the above electrical
requirements are not present the responsibility and cost of the associated
works will be that off owner of premises.
10.1. Swyftenergy shall not be liable for
any work carried out on your boiler, appliance or central heating system by a
third party and we reserve the right to immediately terminate any warranty
provided by us in relation to your boiler, appliance or Central Heating System
where work is carried out by a third party without our prior written consent.
11.1. Swyft Energy shall not be liable for
any work carried out on your boiler, appliance or central heating system by a
third party and we reserve the right to immediately terminate any warranty
provided by us in relation to your boiler, appliance or Central Heating System
where work is carried out by a third party without our prior written consent.
11.2. You hereby agree to indemnify us and
keep us indemnified in respect of any actions, claims or proceedings brought
against us together with all loss, damage, costs and expenses which we may
incur as a consequence of any work carried out on your boiler, appliance or
Central Heating System by any party other than Swyft Energy without our prior
written consent.
11.3. In no circumstances shall we 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 as a
result of the Service.
11.4. We have no obligation, duty or
liability to you, in contract or tort, for breach of statutory duty or
otherwise beyond that of a duty to exercise reasonable skill and care.
11.5. Nothing in the Agreement purports to
disclaim liability for fraud or for death or personal injury to you which is
attributed to Swyft Energy. In addition, nothing in the Agreement 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.
11.6. When carrying out the Works, we will
not accept responsibility for damage to radiator covers, carpets or other floor
coverings caused by lifting or refitting, unless we have been negligent in
doing so.
12.1. Swyft Energy shall not be liable if
any or all of our obligations under the Agreement cannot be carried out or
fulfilled for reasons beyond our control including, but not limited to, Acts of
God, industrial dispute, explosion, flood, lightning, storms, fire or accident,
war or threat of war, sabotage, insurrection, civil disturbance or disorder,
acts, restrictions, regulations, by-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.
13.Use of
Personal Information
13.1. Swyft Energy will comply with our obligations
under any applicable data protection legislation.
13.2. In order that Swyft Energy may
perform its obligations under these Terms and Conditions and provide you with
the service, Swyft Energy will collect and use information relating to you.
Swyft Energy may keep this information for a reasonable period after it has
ceased to provide you with the service but will not keep it for any longer than
is necessary and/or as required by law.
13.3. Information which you provide or we
hold may be used by us, our employees, subcontractors and/or our agents;
(a) for the purposes of attending
your property;
(b) to help identify you when you
call;
(c) for contacting you in writing
and/or by phone and/or by text message and/or by e-mail with information about
other services and products offered by us and/or our carefully selected
partners where you have consented;
(d) to detect and prevent crime,
fraud and loss;
(e) for health and safety and risk
assessment;
(f) for administering accounts; and
(g) for credit checking purposes.
13.4. We may carry out credit and fraud
prevention checks with licensed credit reference and fraud prevention agencies
and they will retain a copy of the search. Information from your application
and payment details of your account may be recorded by these agencies and may
be shared with other organisations to help make credit and insurance decisions
about you and members of your household and for debt collection and fraud
prevention purposes.
13.5. Swyft Energy may disclose your
information to other agents who act on behalf of Swyft Energy in connection
with the activities referred to above, including to any agent or third party
service provider who Swyft Energy may engage to assist us in the performance of
the service. Such agents or third parties are only permitted to use your data
as instructed by Swyft Energy. They are also required to keep your data safe
and secure.
13.6. In the event that you speak to any employees
of Swyft Energy (or agents acting on its behalf) by telephone, your telephone
conversations may be recorded for quality control purposes. Swyft Energy will
treat the recorded conversation confidential and will only use it for staff
training/quality control purposes, confirming details of your conversations
with Swyft Energy or any other purposes mentioned in these Terms and
Conditions.
13.7. In order to protect your privacy, you
may also be asked to provide suitable proof of identification. If any of your
details are incorrect please let us know and we will amend them.
13.8. You have the right to ask for a copy
of your personal data (Swyft Energy is entitled to charge a nominal
administration fee for this). If you wish to avail of this right, you should
submit a written request to: Swyft Energy, Rubicon Centre, Bishopstown,
Cork
14.1. Swyft Energy (and/or our agents) may
wish to contact you from time to time by text message, email, post, telephone
or in person with information in relation to a product or a service which you
have requested or received from us. We may also contact you with information
about new or additional products or services.
14.2. If you do not wish to be contacted
with information about our products and services, please exercise your right of
opt-out by emailing us at info@swyftenergy.ie or writing to us at: Swyft
Energy, Rubicon Centre, Bishopstown, Cork.
15.1. You can register your complaint with
us in any of the following ways:
(a) by calling our customer contact
team on 021-4928933;
(b) by email to info@swyftenergy.ie;
(c) through our website at
www.swyftenergy.ie; or
(d) in by letter to: Swyft Energy, Rubicon
Centre, Bishopstown, Cork.
16.1. These Terms and Conditions apply to
the Service provided by Ardrar Limited trading as Swyft Energy a
limited liability company with registered number 591657and with registered
address at Rubicon Centre, Bishopstown, Cork.
16.2. Notices: Any notice or account sent
by ordinary post relating to the Agreement shall be deemed to have been
received on the day that is the 2nd postal day after the day of such posting.
Any notice sent by the Customer by electronic mail shall be deemed to have been
received upon confirmation of receipt from Swyft Energy by electronic mail or
by post. Any notice required or permitted to be given by the Customer shall be
in writing addressed to Swyft Energy, Rubicon Centre, Bishopstown, Cork or
such other address or electronic mail address as may be provided to the
Customer by Swyft Energy from time to time.
16.3. Authority: By entering into this
Agreement with Swyft Energy, you shall be deemed to have obtained all such
licences and consents as are required to allow Swyft Energy to lawfully
undertake the Service or other works. If you have failed to obtain all
necessary licences and consents required you will indemnify Swyft Energy for
all loss or damage suffered and shall remain responsible for all work done and
materials supplied on a quantum merit basis.
16.4. Asbestos: Unless otherwise stated in
correspondence with Swyft Energy, the Service does not allow for working in the
vicinity of asbestos. If during the provision by Swyft Energy of the Service
asbestos is encountered Swyft Energy reserves the right to withdraw its staff
immediately until the premises is made safe. The presence of asbestos on the
premises will be reported to you by Swyft Energy for your instructions
regarding safe disposal. Swyft Energy will not be responsible for the cost
involved in disposing of any asbestos found. 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 any Works 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 Works at the Property.
16.5. 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 www.swyftenergy.ie as soon as possible
prior to the changes being introduced.
16.6. Assignment: The Agreement is personal
to you and therefore 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 the Agreement to any company or person.
16.7. 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 or operate as or be deemed to be a waiver of any breach of the
Agreement.
16.8. Severance: If any provision of the
Agreement is held by any competent authority to be invalid or unenforceable in
whole or in part, the validity of the other provisions and the remainder of the
provision in question shall not be affected.
16.9. Governing Law: This Agreement shall
be governed by and construed in accordance with the law of the Republic of
Ireland. The parties irrevocably submit to the exclusive jurisdiction of the
courts of Republic of Ireland.
16.10. Swyft Energy Re-Organisation:
Notwithstanding anything to the contrary in the Agreement, if Swyft Energy
should reorganise the business and/or legal structure of Swyft Energy (whether
by dividing its business between two or more corporate bodies or otherwise),
the obligations of Swyft Energy may be divided between such bodies and you
shall thereafter deal with such bodies as if the parts of the Agreement
relevant to the business of such bodies formed a contract between you and such
corporate bodies.
16.11. Entire Agreement: This Agreements
constitutes the complete agreement between you and us in relation to the Boiler
Service and supersedes all prior understandings, agreements, representations or
communications whether written or oral between you and us relating to the
subject matter hereof, but no term purports to exclude liability for fraud.