JFW RENEWABLES LIMITED
SERVICES TERMS AND CONDITIONS
Appointment Window means a period of time on a particular day that you would like a Tradesperson to arrive to complete a Task at your premises. Appointments may be scheduled for up to eight weeks into the future.
Company means JFW Renewables Limited a private company limited by shares incorporated in the Republic of Ireland on 2 February 2021 with company number 687089 having its registered office at Tonaroasty, Masonbrook, Loughrea, County Galway.
Customer/you means you as the user of the Company Service.
Designated Address means the address provided by the Customer to the Company where the Items are to be installed.
Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Items means the Product which you have ordered for installation at your Designated Address.
Order means a written order made and agreed with the Company for detailing the Service, an Appointment Window and payment information.
Order Acknowledgement means the written acknowledgement sent from the Company’s www.surfaccounts.com account which explicitly outlines the Service to be provided, the price of the Service, the Order Number, the Designated Address, the Appointment Window, your account manager and any other additional information as agreed with the Customer.
Order Number means the reference number provided by the Company to a Customer once the Order has been submitted.
Product means the solar photovoltaic panels and related necessary equipment provided by the Company and Products shall be construed accordingly.
Service means the provision and installation of the Product by the Company to the Customer at the Designated Address and Services shall be construed accordingly.
Task means the procurement of the Products and installation of the Products by the Company with the assistance of a Tradesperson or Company employee at the Designated Address at the agreed Appointment Window.
Tradesperson means a trusted tradesperson contracted on behalf of the Company.
Visit Notification Email means an email received by you once an Order is completed along with your Customer order number and Tradesperson details for the specific Order that has been completed providing details of the agreed Appointment Window the Service will begin and an estimate of when the Service will be completed.
What these terms cover.
These are the terms and conditions on which you access the Services.
Why you should read them.
Please read these terms carefully before you submit your Order. These terms tell you who we are, how we will provide the Service to you, how you, the Tradesperson and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Are you a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are purchasing the Service from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Information about us and how to contact us
Who we are. JFW Renewables Limited is a private company limited by shares incorporated in the Republic of Ireland on 2 February 2021 with company number 687089 having its registered office at Tonaroasty, Masonbrook, Loughrea, County Galway.
How to contact us. You can contact us by writing to us at email@example.com or ‘FAO JFW Renewables, Tonaroasty, Masonbrook, Loughrea, County Galway’.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you via your telephone, email, or postal address you provided to us.
“Writing” includes emails and SMS. When we use the words “writing” or “written” in these terms, this includes emails and SMS.
Existence of Contract
Any written quotation or estimate provided by the Company shall constitute an invitation to treat and no binding contract will be created until:
the placing of an order by the Customer by confirming they wish to form a contract on the basis of the terms of the written quotation or estimate (which will constitute an offer by the Customer); and
until the Company has sent an Order Acknowledgement to the Customer (which will constitute acceptance of that offer by the Company).
All quotations, offers and tenders are made and all orders are accepted by the Company subject to these terms and conditions. Except as otherwise provided in these terms and conditions, all other terms, conditions or warranties are excluded from any contract between the Customer and the Company including any terms and conditions which the Customer may purport to apply under any Order or similar document. All orders for the Service by the Customer shall be deemed to be an offer by the Customer to purchase the Service pursuant to these terms and conditions.
No particulars contained in any advertising matter, catalogues or other publications supplied by the Company nor any verbal representation by any employee or agent of the Company will be considered part of the Order nor will they be treated as constituting any representation on the part of the Company.
Except as otherwise agreed between the Customer and the Company, the quoted price for the Service shall not include VAT, other applicable taxes and all other applicable duties.
Except as otherwise agreed, the price for the Service shall be the Company’s price for the Service stipulated in writing at the date of the Order Acknowledgement subject to any other alteration proposed by the Customer and agreed between the parties before delivery.
Where the Services are delivered by instalments in stages the Company may invoice each instalment or stage separately and the Customer agrees to pay such invoice in accordance with these terms and conditions unless otherwise agreed with the Company.
You and the Tradesperson
You warrant that all information which you provide in the Order process, including the Task information and your details, are both true and accurate.
You warrant that your use of the Products is for your own use and either you own the premises where the Task is to be undertaken or you have secured all the authority required to place the Order and for all work to be carried out in relation to a Task.
You authorise the Company to provide information in relation to your Task and your contact information to the Company’s portfolio of Tradespersons for the purposes of a Tradesperson confirming they can undertake an Order and providing a time within your stipulated Appointment Window to undertake the work.
You acknowledge and agree that the Company Service is only to provide you and install for you the Products with the assistance of a Tradesperson.
You fully accept and acknowledge that the Products procured by the Company for you to complete Task are independent of the Company. The Company is not liable for any defects in the Product of whatsoever nature unless relating to the installation of the Products and can’t be held liable for any defects in the Products unless relating to the installation of the Products.
How your Order will be confirmed. Once the Order has been made, your Order Number will be sent to you with your Order details. Please keep this Order Number safe as you will need to provide it to the Tradesperson when they attend your Designated Address and you will need to quote the Order Number to the Company in order to discuss your Order.
If the Company cannot accept your Order. If the Company is unable to accept an Order, we will inform you of this in writing. This might be because of unexpected limits on the Products, Tradesperson resources or availability, because we have identified an error in the Order, because a Tradesperson is unable to meet a deadline you have specified or any other reason.
Your rights to make changes
If you wish to discuss, amend or cancel your order please contact the Company immediately at firstname.lastname@example.org quoting your Order Number.
Please note that your order cannot be amended or cancelled within ten days of your Appointment Window.
Our rights to make changes
Unpaid Orders If payment is not received by the Company or a payment plan agreed between the Company and the Customer within thirty days of the Order being made, the Company can at its complete discretion choose to cancel the Order.
Minor changes to the Service. We may change the Service:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a functional issue. These changes will not effect your quality of service.
Additional Terms of the Order
We are not responsible for any delays. If the completion of the Order is delayed by a Tradesperson or delivery of the Product to the Company, the Company will not be liable for any delays.
Tradesperson Cancellation of an Order. If a Tradesperson cannot attend your premises at the agreed Appointment Window, the Company will contact you to let you know at the earliest possible opportunity.
If you do not allow access to a Tradesperson to provide services. If you do not allow access to a Tradesperson onto your premises to complete the Order as arranged (and you do not have a good reason for this) the Company may at its absolute discretion cancel the Order.
What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the Service to you, for example, your identification details (name, address, contact telephone number), Task details, Appointment Window and payment information. If you do not give us this information within ten days of us asking for it (the “Information Request Deadline”), or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of the Service if this is caused by you not giving us the information we need before the Information Request Deadline.
Tradesperson contacting you direct. You agree that a Tradesperson may contact you directly to agree alternative arrangements in relation to your Order.
We only provide our Service in Ireland. Our website is solely for the promotion of our Services in the Republic of Ireland.
Your rights to end the contract
Ending the contract because of something we have done or are going to do. If you are ending our contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about a change to the Services or these terms which you do not agree to;
we have told you about an error in the price or description of the Service you have requested and you do not wish to proceed;
there is a risk that supply of the Services may be significantly delayed because of events outside of our control;
we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three working days; or
you have a legal right to end the contract because of something we have done wrong.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of the Services once the provision of the Company Services have already begun.
How to end the contract with us
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at email@example.com. Please provide your name, home address, the Order Number and, where available, your phone number.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Service, by the method you used for payment. However, we may make deductions from the price to cover any reasonable expenses incurred.
When your refund will be made. We will make any refunds due to you as soon as possible.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within ten working days of us reminding you that payment is due; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.
We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know as soon as reasonably possible in advance of our stopping the supply of the Service and will refund any sums you have paid in advance for the Service which will not be provided.
We may recover the Products. If payment is not received by the Company or a payment plan agreed between the Company and the Customer within thirty days of the Services being provided, the Company can at its complete discretion choose to recover any and all Products provided to the Customer as part of the Service. All reasonable costs associated with the Company recovering the Products shall be payable by the Customer to the Company on a written demand by the Company outlining the basis for the costs.
If there is a problem with the Service
How to tell us about problems. If you have any questions or complaints about the Service, please contact us. Write to us at firstname.lastname@example.org or ‘FAO JFW Renewables, Tonaroasty, Masonbrook, Loughrea, County Galway’.
Price and payment
Where to find the price for the Service. The price of the Service (which includes VAT) can be found on the Order Acknowledgment. We use our best efforts to ensure that the price of the Service advised to you is correct.
When you must pay and how you must pay. We accept payment via credit and debit cards (VISA or Mastercard), cheque, bank transfer and cash. When you must pay depends on the Services you are buying.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
Limitation of Liability
To the extent permitted by law, the Company will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract for use of the Services between us.
The Company’s total liability to you for all other losses arising under or in connection with any contract between us for Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under this agreement.
You agree to indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:
any breach of the warranties contained in clause 4;
your breach or negligent performance or non-performance of this agreement;
the enforcement of this agreement; or
any claim made against the Company by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by you.
How we may use your personal information
Reservation of Title and Risk
The risk in the Products shall remain with the Company until delivery by the Company of the Products by the Customer at which time the risk in the Products shall be transferred to the Customer.
Title to the Products shall only pass to the Customer upon the happening of any one of the following events:-
the Customer having paid to the Company all sums due from it to the Company under the Order Acknowledgement and under all other contracts between the Company and the Customer; or
the Company serving on the Customer notice in writing specifying that title in the Products has passed.
The Company may recover Products in respect of which title has not passed to the Customer on whichever is the earliest of the following dates:-
on the expiration of any agreed period of credit in relation to the Products;
if the Customer, being a Company, does anything or fails to do anything which would entitle a creditor to appoint a receiver to take possession of any of the Customer’s assets or which would entitle any person (including the Customer itself) to present a Petition for winding up the Customer or to propose an application for an administration of or voluntary arrangement in relation to the Customer or if a resolution is passed for the winding up of the Customer (otherwise than for the purposes of amalgamation or reconstruction whilst solvent) or if the Customer ceases or threatens to cease to carry on its business by reason of insolvency or approaching insolvency or otherwise or if anything analogous to any of the foregoing under the law of any jurisdiction occurs to the Customer in any event, if distress or execution is levied against any of the Customer’s assets or if a judgment against the Customer remains unsatisfied for more than 7 days and the Customer irrevocably licenses the Company, its officers, employees and agents to enter upon any premises of the Customer, with or without vehicles, for the purpose either of satisfying itself that condition
Until title to the Products has passed to the Customer under these Conditions it shall possess the Products as fiduciary agent of the Company. If the Company so requires, the Customer shall store the Products separately from other goods and shall ensure that they are clearly identifiable as belonging to the Company. During such time as the Customer possesses the Products with the Company’s consent, the Customer may in the normal course of its business sell or hire the Products as principal and without committing the Company to any liability to the person dealing with the Customer.
Notwithstanding that the property in the Products has not passed to the Customer, the Company shall be entitled to maintain an action for the price of the Products.
Each paragraph and sub-paragraph of this Clause 21 is separate, severable and distinct.
Set Off and Counterclaim
The Customer shall not be entitled to withhold payment of any invoice by reason of any right of set-off or counterclaim which the Customer may have or allege to have or for any reason whatsoever.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one week of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Irish law and you can bring legal proceedings in respect of the Service in the Irish courts.
Entire Agreement. The Order Acknowledgement together and in conjunction with these terms constitute the entire agreement between us in relation to our Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. If you have a complaint in relation to our Service, you agree that you will first submit a complaint to us in writing and before any legal proceedings will engage in alternative dispute resolution. If you are not satisfied with the outcome you can still bring legal proceedings.