Terms and Conditions - Spray Foam Insulation

Customer Contract Terms and Conditions

· Interpretation

These are the terms, which together with the Order comprise the Contract. Within these Terms, the following definitions shall apply to the defined words and expressions, unless context requires otherwise:
Commencement Date: means the date on which We issue the Order Confirmation, and the Contract is formed.
Contract: means the legally binding contract between You and Us comprising of these Terms and the Order which comes into force on the Commencement Date and on which We shall supply the goods and services to You.
CPA: means the Consumer Protection Act 2007
Delivery Date: means the estimated date that We aim to deliver the Goods and commence Your Installation or as varied from time to time in accordance with these Terms.
Emergency Works: means any work required by You to be carried out in an emergency, such as where Your property has been damaged by a storm, is not watertight, or the health and safety of You or Your family is at risk.
Goods: means the items specified in the Order that we have agreed to supply to You.
Installation Plan: means the plan which We will produce to explain what is going to happen, any health and safety issues that you need to be made aware of, advise You about any precautions that You may need to make (such as moving furniture or valuables or clearing space), the arrangements for access to Your property by the installation team, an special instructions to protect Your children or pets and what We will be doing with waste and materials that We need to take away.
Marketing Materials: means brochures, drawings, illustrations, literature, samples or other such marketing materials.
Order: means the detailed description of the Goods and Services that You require Us to supply to You and any documents therein.
Order Confirmation: means the action by Us, in writing, of accepting the Order.
Preparatory Work: means any work that We are contracted to do prior to/or after the installation of the goods
Price: means the total amount that You are contracted to pay Us for the Goods and Services as shown on the Order.
Services: means the delivery, installation and professional services specified in the Order that We have agreed to provide to You.
We, Us, Our: means Voltaic Energy Systems Ltd & Installation partners. A company registered/trading in the Republic of Ireland, 667951 whose registered/trading address is River Side Road, Carrickmacross, Monaghan
You, Your: means the person(s) whose details are set out in the Order
You should read these Terms carefully and check that the information shown in the Order is correct. We intend to rely on the Terms, so if You require any changes to the them, please ask for the change to be confirmed in writing and prior to the Contract being formed.
Your statutory rights as a consumer are set out in legislation and nothing in this Contract, or any of our Marketing Materials shall affect Your statutory rights.

· Commencement

The order is an offer by You to enter into the Contract with Us. We may accept or decline the Order at Our absolute discretion and We shall not be liable to You in any way where We decide to reject the Order. The Contract shall come into force when We issue You with an Order Confirmation.

· Specification of Goods

The goods are described in the Order.
We may have shown you samples, drawings, illustrations, catalogues, or brochures to provide You with and approximate idea of the Goods, layout or positioning that they describe. Although We have made every effort to display the Goods correctly, they may vary slightly from the colour or composition shown. All specifications are approximate only and are subject to normal margins of tolerance for the materials and installation in question.
We have taken measurements for your Goods to enable Us to order the right materials to complete your order. It may be necessary for Us to carry out a survey to verify our measurements and to develop an Installation Plan (see Preparatory Work)

· Performance Calculations

The performance of spray foam is impossible to predict with certainty due to the variability of in fuels and energy sources, building structure, current building performance, climatic variations, local obstructions or environmental conditions and differences from location to location. The estimates provided in this contract are for guidance only and must not be considered a guarantee of performance.

· Preparatory or Emergency Work

We will commence work on preparing the Goods for delivery and developing an Installation Plan from the Commencement Date. We may, at Our discretion, wait until Your right to change Your mind elapses (see Rights to Change Your Mind).
Our Preparatory Work may include a survey of Your property or any other preparatory matter. Our fees and charges for Preparatory Work are clearly shown on the Order. By placing the Order, You give Us permission to go ahead with any Preparatory Work specified in the Order If You change Your mind and cancel the Contract after commencement of the Preparatory Works, You will be charged a reasonable proportion of the fees shown for them on the Order.
If you have requested Emergency Works, this will be clearly shown on the Order and You shall be deemed to have given Us permission to commence with these Emergency Works straight away. In this case We may take temporary action to make Your property safe, secure, and watertight, before completing a full repair or replacement as set out in the Order. You understand that this means You cannot change Your mind and cancel the Contract in respect of those Emergency Works.

· Variations

We may need to make minor changes to the Goods specified on the Order if there is change in the laws, regulatory, or technical requirements or improvements. These changes will not adversely affect the use or nature of the Goods.
You may ask Us to make changes to the specification of the Goods in advance of delivery. We will then advise You if Your requested change is possible and any consequences of that, including to the Price, the Delivery Date, or anything else. Any agreed change will be confirmed by Us in writing or by phone.
During Our Preparatory Work (perhaps as a result of a survey or as a result of Your BER assessment), it may be necessary to make more substantial changes to the Order. We will discuss these with You to determine if the change is possible and any consequences of that, including the Price, the Delivery Date, or anything else. If significant changes are required, We will place the Contract on hold for up to 14 days to enable You to consider whether or not you wish to proceed. At the end of the 14 days, if no agreement on change is reached, the Contract will be terminated. You will receive a refund of any deposit paid within a further 4 days less, at Our discretion, any fees or charges due for the Preparatory Work completed so far. Any agreed change will be confirmed by Us in writing or by phone.

· Changing Your Mind

You have the right to change Your mind and cancel this Contract within 14 days of the date of the Order. If no Goods have been provided or services carried out (including any Preparatory Work) you may change Your mind and cancel the Contract, in which case You will receive a full refund of any monies paid within a further 14 days.
If we have commenced with the provision of the Services (including any Preparatory Work) on the Contract, You may change your mind and cancel the Contract, however We may charge You reasonable fees providing that:
It is a reasonable reflection of the value of the work that has been carried out; and
You gave Us permission (by agreeing to this Contract) to proceed within the cancellation period.

· Delivery and Installation

Any additional delivery or installation costs will be shown on the Order (or any agreed variation to it), otherwise Your delivery and installation costs are included in the Price.
We aim to complete the delivery and installation on or about the Delivery Date, but We will liaise with You over any reasonable changes to that. For the avoidance of doubt, time is not of the essence in respect of the Delivery Date.
If a change or delay is caused by something that is within Our reasonable control, We will notify You as soon as reasonably possible and agree with you an alternative Delivery Date. We will take steps to minimise the delay and, if the delay lasts for more than 60 days from the original Delivery Date (unless You have asked for a longer period), We will allow You to cancel the Contract. You will receive a full refund within a further 14 days less, at Our discretion, any fees or charges for any Preparatory Work completed so far.
If change or delay is caused by something that is not within Our reasonable control (see Events Outside Our Control), We will notify You as soon as reasonably possible and the change or delay and the reasons for it. Well will take steps to minimise the delay, but We may, if necessary, suspend the performance of the Contract until that event is over and the matter back within Our reasonable control.
Each installation is different and the specific requirements for Your installation will be set out in Your Installation Plan, but generally:

You permit Us (Our installation team and contractors) safe access to, around, and egress from the installation site at all reasonable times and, unless otherwise stated in Your Installation Plan and agreed by You, between the hours of 08.00 and 20.00.
You agree to have relocated any television systems/alarm systems/movable systems that may be affected by the spray foam installation.
You agree to have the space cleared of any obstructions, such as items in storage in the loft/attic space or on the floor space.
You agree to take full responsibility for damage caused to any items left in the way of the workers and/or exposed to the spray foam
You agree to provide Us (Our installation team or contractors) with access to a toilet, hot and cold running water, and reasonable use of your power supply whilst on site.

We will ensure that there is adequate sheeting, protective covering and barriers to prevent unnecessary damage to Your home. This includes for the prevention, as far as is reasonably practicable, of the spread of dust or rubble.
It is possible that a problem with Your property will become apparent during the installation. This could include structural defects, underground obstructions, presence of Asbestos, or hidden cabling. We will draw this to Your attention as soon as possible and agree with You plan to resolve the problem if possible, which may involve You bringing in other contractors which will be at Your expense or additional costs to Your planned works.
Workman ship is covered by the registered installer for 1 year. After this you have the option to obtain a maintenance contract or pay for inspections on an ad hoc basis.
Visits or inspections requested by the homeowner where there are no faults found may incur a fee.
Manufacturers warranties & data sheets will be provided post install.

· Permission and Approvals

You are responsible for gaining any necessary approvals including but not limited to any planning permissions, building regulations, local authority permits and approvals, landlord approval or deed of covenant. By permitting Us to provide the Goods and Services You warrant to Us that this has been done.
You are responsible for the registration of your installation with SEAI (where applicable)

· Obtaining Ownership of the Goods

You take responsibility for the risk of damage or loss of the Goods from the date that We deliver the goods to site.
You obtain title (ownership) of the Goods when We receive payment for the delivered Goods.

· Payment Terms

The full Price is shown clearly on the Order. We may amend the Price, by agreement with You, following a survey or any other additional matters that arise while delivering the Services.
You will pay for the Goods and Services as follows:

You will pay Us a deposit of 50% (1/2) of the agreed price at the point of Order
On day of the installation You will pay the balance of any sums due.

We accept payment by cash, bank transfer, debit, or credit card.
The non-payment of any payments due by the relevant due date, may incur additional charges. We may levy interest at a rate up to 8% above the base rate of the Central Bank of Ireland. Any interest due will be calculated and added to Your bill and accrue from the date on which payment was due to the date of payment whether before or after any judgement. We may also add any legal, debt recovery, or processing fees to the amount due.

· Defective Goods or Service

We make every effort to supply and fit Goods to Your complete satisfaction. However, if You have any concern or complaint about the Goods or Service please let us know as soon as possible (see Contact Us)
If You do identify a fault or problem with the Goods within your warranty period, You agree to give Us a chance to put things right. We will investigate the fault, which may include coming back to Your property if necessary. You agree to cooperate with Us to enable Us access to Your property and to resolve Your complaint.
We do not accept the following faults with Your installation:
any damage caused by You following the completion of installation.
any damage caused by You, or anyone acting for You, in attempting to repair the fault without Our consent.
faults found outside of the 1-year warranty period
any damage caused by fair wear and tear of the Goods.
The CPA states that if You a have a problem with the Services, the You can ask Us to repeat or fix the Services if it's not carried out with reasonable care and skill or get some money back if We can't fix it.
The CPA states that the Goods must be as described, fit for purpose and of satisfactory quality.

Events Outside of Our Control
We will not be liable for the consequences of any events that are outside of Our reasonable control (Specified Event) and which includes, but is not limited to:
Civil commotion, civil war, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war or preparation for war.
Acts of God, collapse of buildings, fire, explosion, inclement weather, storm, flood, subsidence, drought, epidemic, or natural disaster.
Impossibility of use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
Impossibility of public or private utility networks or telecommunications.
The acts, decrees, legislation, regulations, or restrictions of any government, whether national or local; or
Strikes or Labour unrest (other than in relation to Our own employees).
Obligations of the parties under this Contract are suspended for the period for which such a Specified Event continues and extended for the duration of that period.

Using Your Personal Information
We will use the personal information You provide to Us in accordance with the Data Protection Act 2018 and more specifically to:
Supply the Goods and Services to You.
Register Your installation with any relevant bodies.
Where the law requires Us to share Your information with third parties, including law enforcement agencies.
By entering into this Contract, You expressly signify Your acceptance to Our processing of Your personal information in these ways.
Contact Us
If You need to contact to US you may do so at:
Voltaic Energy Systems Ltd, Head Office, Riverside Road, Carrickmacross, Co Monaghan.
Email: info@voltaic.ie
Phone: 042 95 00 111

Terms and Conditions - Spray Foam Insulation

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