These terms and conditions, together with the order form, detailing the works, you, the customer, have instructed Solar Elite to carry out for you, form the contract between you and Solar Elite for the provision of those Works.
Please read these terms and conditions carefully and confirm that you agree to them. If you have any questions regarding these Terms and Conditions please contact the Solar Elite team by writing to Solar Elite., Ranaghan, Castlepollard, Co. Westmeath, N91FP78 or emailing info@solarelite.ie.
1. About Solar Elite
Solar Elite details: Solar Elite, company number 508953, with its registered office address at Ranaghan, Castlepollard, Co.Westmeath, N91FP78.
2. Forming the Contract
2.1 If you wish Solar Elite to carry out the Works for you, you must sign and submit the Order Form and pay the required deposit of 30% to Solar Elite. The date of your order will be the date on which you sign and submit the completed Contract (containing these terms and conditions and the completed Order Form) to Solar Elite.
2.2. You are responsible for ensuring that all of your details on the Order Form are correct before you sign it. By signing the Order Form you are confirming to Solar Elite that all your details are correct at the time of signing.
Upon signing and submitting the Order Form, there will be a binding contract between you and Solar Elite for the carrying out of the Works SUBJECT to:a credit rating search; and a technical assessment of your Property to ensure it is suitable for the Solar Panel system (quoted on the Order Form).
The Technical Assessment will be carried out by a member of the Solar Elite team.
See Clause’s 3 and 4 below regarding what happens if you have a poor credit rating or if the technical assessment identifies a problem(s).
3. Technical Assessment
There may be a reason(s) for the team to recommend a variation to your original order or you may wish to add something extra to the order. If this is the case, we will:
- Provide you with a Variation to Order detailing the variation and giving a cost quotation (if necessary). If you are happy with the Variation to Order we will proceed under the terms of the original order.
or - Inform you that we cannot carry out an installation at your Property in which case your original Deposit will be refunded in full.
4. Your Rights to Cancel the Contract
4.1 To cancel your Contract, you can send written confirmation to the address given at 1 above or complete the cancellation form (see below) and post it to the address given at 1 above.
4.2 If you cancel your Contract with Solar Elite within 14 days of your Date of Order, we will refund your entire Deposit.
- Note if you cancel your Order after the above stated period, Solar Elite may retain some of your Deposit to cover the costs and expenses incurred by Solar Elite prior to receiving your cancellation notice. These costs and expenses can be for:
– The cost of any goods that have been obtained for use in the Property (cannot be resold or reused by Solar Elite.
– any other costs/expenses which Solar Elite has incurred (labour, transportation costs, sales, marketing and administration) and
– a sum in respect of the loss of net profit suffered by Solar Elite due to your cancellation.
4.3 If you cancel the Contract on or after your technical assessment, costs incurred are likely, (not guaranteed), to exceed your Deposit (30%) amount. If these costs do exceed the amount of your Deposit, Solar Elite can retain the Deposit and seek to recover any additional costs that exceed the Deposit for breach of contract.
5. Installation Date
5.1 After placing your order, a member of the Solar Elite team will contact you to agree on a suitable Installation Date. Works, if subject to prior resolution of any planning matters, may be delayed until these matters are resolved. Solar Elite will endeavour to ensure that you, the customer, are kept fully informed of such matters and any possible delays in installation due to such matters as mentioned above.
5.2 On occasion, circumstances can arise beyond the control of Solar Elite. These can prevent Solar Elite from carrying out the Works on the agreed Installation Date. If this occurs a member of the team will contact you to arrange an alternative Installation Date. Provided that the circumstances preventing us from carrying out the Works are beyond our control (for example: bad weather, industrial action, fire, flood) Solar Elite will not be liable for any losses suffered by you or any third party due to these unavoidable circumstance(s).
Please complete and return this form by post to Solar Elite only if you wish to cancel the contract:
Solar Elite.
Ranaghan,
Castlepollard,
Co. Westmeath,
N91FP78
Ireland.
I/We hereby give notice that I/We wish to cancel my/our contract
First Name: _____________________________________________________
Surname: ________________________________________________________
Address: ________________________________________________________
________________________________________________________
________________________________________________________
Signature: ______________________________________________________
Date: ________________________ (Please send by recorded delivery)
6. Denial of Access to the Property
6.1 The Technical Assessment is a crucial step in the process. It is crucial that access (to the Property) is granted to the Solar Elite team on the agreed date of the Technical Assessment (mutually agreed date beforehand). If you do not agree to such a date, we will conclude that you have cancelled your Order. Solar Elite will be entitled to seek payment from you as if cancellation had occurred in accordance with Clause 4 outlined above.
6.2 In order for Solar Elite to carry out the Works, it is important that access (to the Property) is granted for the Installation Date. If you do not provide the Solar Elite team access to the Property you will incur costs to cover our expenses for that day.
6.3 You must hereby grant the Solar Elite team access to the property for (a) undertaking the Technical Assessment, (b) to carry out the works (as outlined in the contract) and (c) for any additional work required thereafter.
- Solar Elite may need to use site ladders, scaffolds or vehicles on the premises in order to complete the Works.
- It is the purchaser’s responsibility to ensure that access is granted to neighbouring land (if required). Solar Elite will not be held liable for the purchaser’s inability to gain access. If access is denied whilst the Solar Elite team are on-site, you, the customer will incur the costs to the company for that day.
7. During Installation
7.1 Once Works commence, if any technical problems are discovered which could not have been identified by Solar Elite during the Technical Assessment, you will immediately be made aware of the problem. Solar Elite will discuss and agree with you on how to resolve the issue. You will however be liable for any additional works that you agreed with Solar Elite are necessary to address the problems.
7.2 If you do not agree to these additional works being carried out in order to address the identified problem(s) such that Solar Elite is unable to complete the Works, we will assume you have cancelled the Contract and Solar Elite will be entitled to seek payment from you in accordance with Clause 4 as if you had cancelled the Contract.
8. Access: Both Internal and External
You, the customer, are responsible for ensuring that all items stored in the areas of installation are either removed (prior to Works commencing) or are protected from any possible damage. Items not protected (by you) are at your own risk except in the case of negligence by Solar Elite. You, the customer, are responsible for ensuring that all vehicles and movable objects are removed from external work areas where damage may occur. Objects not removed are at your own risk, unless Solar Elite is found to be negligent in the damage or loss caused.
9. Solar Elite Solar System
The solar installation is a Solar Elite SOLAR PV SYSTEM for the generation of electricity, unless otherwise specified in the contract. The precise performance of Solar PV systems cannot be predicted with certainty as the amount of solar radiation (sunlight) per location and annually can vary greatly. The estimate we provide is based upon the standard DEAP procedure and is only a guide. It cannot be taken as a guarantee of performance. You can expect your yearly production to be within 10% tolerance. For exact specification, please refer to your Order Form which outlines the components of your Solar Elite SOLAR PV SYSTEM.
10. Pricing and Payment
10.1 If the Contract has been placed on our cash terms a 30% deposit must be paid by you upon signing of the Contract. The balance is then payable upon completion. You are required to make payment in full (less any monies paid) immediately on the date on which the Works are completed. In the event of any alleged minor defect you shall not be entitled to withhold more than a proportionate amount of the sum due.
10.2 If you require, Solar Elite can provide you with a receipt for your payment and you will be sent a formal invoice after completion of Works. If you do not make your payment in full Solar Elite can reserve the right to charge interest (current rate) on the sum outstanding. If payment is not made within 30 days of the date of the invoice Solar Elite can and may begin legal proceedings against you, the customer.
10.3 All charges quoted (for the Works) exclude Value Added Tax. You shall be additionally liable for payment of the Value Added Tax at the applicable rate occasionally.
11. Inspections and Complaints post Works Completion
Within a reasonable period of time following completion of the Works you must notify Solar Elite in writing of any damage you consider Solar Elite has caused to the Property or its contents. Solar Elite will not be liable for any such claims. Complaints should be addressed to Solar Elite., Ranaghan, Castlepollard, Co.Westmeath, N91FP78.
12. Risk in the Goods/Products
Any damage that occurs to the goods to be installed in connection with the carrying out of the Works before or during installation is the responsibility of Solar Elite. After completion of installation any damage to or loss of such goods is solely your responsibility. We will not be liable to you under this Agreement in contract, tort (including negligence) or otherwise for any indirect damages, consequential or economic loss, any loss of revenue, business, contracts, predicted savings or profits suffered by you arising from or in connection with this Agreement.
13. Quality of the Goods and Services Provided
13.1 In accordance with your statutory rights:
(i) Any goods which Solar Elite supply will:
- match their description
- be of satisfactory quality
- be fit for their stated purpose.
(ii) Any work carried out by Solar Elite will be carried out with care and skill by a qualified installer.
13.2 Solar Elite will provide a Certificate of Guarantee subject to the terms and conditions upon completion.
13.3 If you wish to transfer this guarantee certificate to a new purchaser of your home, we will only consent if we are satisfied that the goods have been kept in good working condition. We will inspect the installation before agreeing to a transfer. Should we agree to transfer the warranty you should send the following items to Solar Elite at the address given in Clause 1:
- written notice to Solar Elite including your name and address and the full name of the purchasers of the Property; and
- a cheque for the sum of €300.00 plus VAT, made payable to Solar Elite for administration and technical visit costs; and
- a copy of your original guarantee certificate. Solar Elite shall then provide a new certificate of guarantee to be passed to your purchasers on or after, completion of the sale.
13.4 Where any of the goods are supplied by a third party, Solar Elite does not give warranty or guarantee as to their quality, fitness for purpose or otherwise. We will, (if possible), assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.
13.5 Solar Elite has no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any documents, data, information or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from late arrival or non-arrival, or any other fault of yours.
13.6 Except in respect of death or personal injury caused by the negligence of Solar Elite, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Solar Elite team or otherwise) which arise out of or in connection with the carrying out of the Works (including any delay in providing or failure to provide the Works) or the use of the goods by you, and the entire liability of Solar Elite under or in connection with the Contract shall not exceed the price paid by you to Solar Elite under the Contract.
13.7 Solar Elite shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay of failure to perform, any of Solar Elite’s obligations in relation to the Works or under the Contact generally, if the delay or failure was due to any cause beyond reasonable control.
14. Planning Application
It is your responsibility to inform the Company if your premises are a listed building or within a conservation area (defined by Statute), in which case the Company will make the necessary application on your behalf. Should these approvals:
- prove to be obtained only by revision of the Works (at a greater cost) specified overleaf, the Company will issue a revised quotation. If you deem this as unacceptable you must notify the Company in writing at the address given in Clause 1 within 7 days of the issue of quotation, to cancel the Contract or,
- Should approval not be forthcoming, the Company will be at liberty to cancel the contract.
If you fail to inform the Company that the property is a listed building, within a conservation area, an area of outstanding natural beauty, the Company is entitled to assume that it does not have to obtain any relevant consent or approval to carry out the agreed Works. The Company is under no liability whatsoever in the event of any enforcement/action by the Local Authority or indeed any other person or body. If the Contract is cancelled in accordance with this Clause, the Company will retain such money as appropriate, to cover the cost of work carried out and service rendered.
16. Data Protection
16.1 The personal information requested from you is required to enable Solar Elite to effectively provide our product/service to you. Failure to supply Solar Elite with necessary information may result in Solar Elite not being able to provide or meet your product/service needs.
16.2 The information that you provide may be held by Solar Elite on a computer database and/or in any other way. We may use this information:
- To administer the products and services that we supply to you and to manage and develop Solar Elite’s relationship with you.
- For marketing purposes, where you have given your permission to do so. We If you wish to change your preferences at any time, please contact us at Solar Elite, Ranaghan, Castlepollard, Co.Westmeath, N91FP78 or email info@solarelite.ie.
- To carry out market research or to instruct a third party to perform this on our behalf.
- To prevent and detect fraud or other criminal activity.
- To carry out searches (verify your identity and/or a credit search) and to disclose information to these credit reference agencies in order to assess your ability to fulfill the Contract.
- To provide your personal details to a debt collector agencies and/or third party processors and contractors, who act on behalf of Solar Elite, if it is necessary and/or to protect the interests of Solar Elite.
16.3 Our website uses “cookie” technology. Disable your cookies if you do not want Solar Elite to access or store cookies on your computer.
16.4 Under the Data Protection Acts you have the right of access to personal information we hold about you on our records on payment of a nominal fee. You can exercise this right by writing to Solar Elite at Solar Elite, Ranaghan, Castlepollard, Co.Westmeath, N91FP78. If any of your personal information held by us is inaccurate or incorrect, please let us know and we will correct it. There is no fee for corrections.
16.5 If you decide to proceed with the Contract or have any other communication with Solar Elite, you consent to the use by Solar Elite of your personal data as indicated above.
16.6 In the event that your credit rating is not satisfactory to Solar Elite, Solar Elite shall inform you of this. Solar Elite will only proceed with the Contract upon payment by you, the customer, of the increased Deposit amount as required by Solar Elite. Should you not wish to pay the increased deposit amount you may withdraw from the contract and a full refund of the deposit will be made by Solar Elite.
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15. Transferring the Ownership of Goods
15.1 Ownership of the goods supplied for Works passes to you upon full and final payment. Before the full and fill payment is made all goods supplied to you by Solar Elite shall remain the property of Solar Elite.
15.2 In the event of non-payment, we may require you, with notice, to return and deliver up to us the goods supplied for works. If you fail to do this we may take legal proceedings to recover the goods or their value.
16. Data Protection
16.1 The personal information requested from you is required to enable Solar Elite to effectively provide our product/service to you. Failure to supply Solar Elite with necessary information may result in Solar Elite not being able to provide or meet your product/service needs.
16.2 The information that you provide may be held by Solar Elite on a computer database and/or in any other way. We may use this information:
- To administer the products and services that we supply to you and to manage and develop Solar Elite’s relationship with you.
- For marketing purposes, where you have given your permission to do so. We If you wish to change your preferences at any time, please contact us at Solar Elite, Ranaghan, Castlepollard, Co.Westmeath, N91FP78 or email info@solarelite.ie.
- To carry out market research or to instruct a third party to perform this on our behalf.
- To prevent and detect fraud or other criminal activity.
- To carry out searches (verify your identity and/or a credit search) and to disclose information to these credit reference agencies in order to assess your ability to fulfill the Contract.
- To provide your personal details to a debt collector agencies and/or third party processors and contractors, who act on behalf of Solar Elite, if it is necessary and/or to protect the interests of Solar Elite.
16.3 Our website uses “cookie” technology. Disable your cookies if you do not want Solar Elite to access or store cookies on your computer.
16.4 Under the Data Protection Acts you have the right of access to personal information we hold about you on our records on payment of a nominal fee. You can exercise this right by writing to Solar Elite at Solar Elite, Ranaghan, Castlepollard, Co.Westmeath, N91FP78. If any of your personal information held by us is inaccurate or incorrect, please let us know and we will correct it. There is no fee for corrections.
16.5 If you decide to proceed with the Contract or have any other communication with Solar Elite, you consent to the use by Solar Elite of your personal data as indicated above.
16.6 In the event that your credit rating is not satisfactory to Solar Elite, Solar Elite shall inform you of this. Solar Elite will only proceed with the Contract upon payment by you, the customer, of the increased Deposit amount as required by Solar Elite. Should you not wish to pay the increased deposit amount you may withdraw from the contract and a full refund of the deposit will be made by Solar Elite.
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17. Disputes & Resolutions
17.1 In the event of any dispute, claim or disagreement between the parties in relation to the Contract or the breach thereof. The parties shall endeavour to settle the Dispute by mutual agreement. We will consult and negotiate with one another in good faith, in an attempt to reach a settlement that is satisfactory for both involved parties. If the parties are unable to resolve the Dispute by mutual agreement then the Dispute will be referred to mediation (in accordance with Clause 17.2 below).
17.2 If the Dispute is not resolved in accordance with Clause 17.1 above, both parties will endeavour to settle the dispute by mediation (according to the CEDR Model Mediation Procedure).The mediator will be nominated by the Centre for Effective Dispute Resolution (“CEDR”) Ireland. To commence the mediation process, one party must give the other notice in writing to request mediation and also send a copy of the request to CEDR Ireland. The mediation will commence within 14 days of receiving the notice. If the dispute is not resolved or indeed if one or more Parties refuses to participate, the dispute will be referred to arbitration in accordance with Clause 17.3 below.
17.3 If the Dispute is not resolved in accordance with Clause 17.1 above, the Dispute will then be referred to the decision of a single arbitrator (selected by agreement of the parties involved) or if there is no agreement then they will be nominated by the Chairman of the Chartered Institute of Arbitrators (Irish Branch). The arbitration shall be governed by the Arbitration Act, 2010, subject to the provisions of Clause 25.5 below.
17.4 Any arbitration under the Contract will be conducted in accordance with the latest version of the Arbitration Procedure published by the Institute of Engineers of Ireland (at the time of the appointment of the arbitrator).
18. Governing Law
18.1 The Contract and any dispute or claim arising out of, in connection with it, its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Irish law.
18.2 Subject to the provisions of Clause 17 above the parties agree that the Courts of Ireland will have jurisdiction in relation to any matter arising out of or in connection with the Contract or its subject matter or formation (including non-contractual matters) or in support of any mediation or arbitration arising from or relating to the Contract.
19. Entire Agreement
19.1 The Contract contains the entire agreement between Solar Elite and the other party relating to the Works. It contains all the terms agreed on.The Contract replaces all previous drafts, agreements, contracts and undertakings between the parties.
19.2 Solar Elite shall not be liable to you in equity, contract or tort or in any other way for any representation that is not set out in the signed Contract.
19.3 You acknowledge that you have not been persuaded to enter into the Contract by a statement or a promise, which is not included in the Contract.
19.4 Nothing in this Clause 19 shall have the effect of limiting or restricting any liability of a party arising as a result of any fraud.
20. General
20.1 If you breach this agreement and Solar Elite does not take action against you in connection with that breach at the time, this does not impede Solar Elite from taking legal action against you in the future.
20.2 We may amend, vary or add to these Terms & Conditions at any time on giving you notice. This notice will indicate where you may view and acquire a copy of the new published Conditions. If any term is unacceptable to you, then you may end the Agreement in accordance with Condition 4, otherwise you will be seen to have accepted the new Conditions. If any amendments to the Contract are required you must confirm them in writing and they will be signed off by Solar Elite.
20.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right. No waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
20.4 If any provisions of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
20.5 Any unauthorised assignment of the equipment to a third party is prohibited.