Terms and Conditions

These terms and conditions together with the order form detail the works, “the works” that you, the person named as “the customer” on the order form, have instructed Green Harbour to carry out the works for you and the form of contract between you and Green Harbour for the purpose of those works.

Please read these term and conditions carefully to ensure that you fully understand them. If you have any questions please contact Green Harbour support staff In writing at Green Harbour, St Patricks Street, Edenderry, Co. Offaly.

1. 1. Green Harbours details are as follows: Green Harbour, St Patricks Street Edenderry, Co Offaly.

• Formation of contract

2.1 If you wish Green Harbour to carry out the works for you, you must sign and submit the relevant order form for the works and pay the required deposit to Green Harbour. The date of your order will be the date which you sign the signed contract.

2.2 You are responsible to ensure the details on the order form are correct before you sign. By signing the order form, you will be taken to have confirmed the details as correct.

2.3 Once you have placed your order by signing and submitting the order form, a binding contract between you and Green Harbour will be formed for the works, subject to:

(i) satisfactory results of a credit rating search conducted by Green Harbour and

(ii) A technical Assessment confirming that the property is suitable for works at the price quoted on the order form. The technical assessment will be carried out within 60 days of the date of order. See Clause 4 below for what happens in the event of a technical assessment that identifies a problem.

3. There may be reason for a technical assessor to suggest a variation to your original order or you may wish to add to your order. If this is the case, the Assessor will at this point of the visit or within 5 days do one of the following:

(i) provide you with a variation to order detailing with variation and giving a cost (if any) associated with them. If you are happy that variation to order, we will proceed under the terms of original order. Our technical assessor will advise on payment procedure for the variation to order.

(ii) Inform you it is not feasible to carry out an installation of the property in which case your original deposit will be refunded in full within 14 days of informing you as such conclusion and you have o further obligation to Green Harbour.

• Your Right to Cancel

4.1 to cancel your contract for the works, please either send a written confirmation to the address specified at 1, above or alternatively, complete the cancellation form below and return it to the address specified.

4.2 if your contract is the result of an unsolicited visit and you cancel your visit with Green Harbour at any time within 7 days from the order Green Harbour will refund your entire deposit.

4.3 if your contract is the result of a solicited visit or you cancel your order after 7 days from the date of order, Green Harbour may have to retain such an amount of your deposit as represents the reasonable vouched costs and expenses incurred by Green Harbour up to the date on which receives your order of cancellation, and these costs and expenses are limited to the following

The cost of goods that have been obtained solely for use of property and Green Harbour is unable to re-sell or to re-use.

(ii) any other cost and expenses which Green Harbour has incurred in connection with performing the contract such as labour, transportation, sales and marketing and administration costs.

(iii) a sum in respect to the loss of net profit suffered by Green Harbour as a direct Consequence of your cancellation.

4.4 if you decide to cancel the contract on or after the technical assessment the costs incurred at that stage by Green Harbour may exceed the amount of your deposit. If these costs exceed the amount of your deposit. Green Harbour may retain the deposit and seek to recover such additional costs and expenses as listed above to the extent that they exceed the deposit for your breach of contract.

• Installation Date:

5.1 After you have placed your order, a member of Green Harbour customer service team will contact you to agree an installation date with you. The installation date will be scheduled within a reasonable time from date of order. Green Harbour will not be liable for any delay in the delivery of any goods or services on the installation date arising out of matters relating to planning, building requirements or other statutory matters. Green Harbour employees expect to be able to commence work on arrival and not be dependent on work schedules of other third parties or agencies that the customer may have working onsite at the same time. If such works are going ahead, please notify Green Harbour to rearrange the installation date giving at least 5 working days before. Green Harbour reserves its rights to charge additional sums if Green Harbours employees are delayed in the performance of their duties in such similar circumstances.

5.2 Green Harbour will make every effort to meet the installation date and to complete the work as soon as possible after installation commences. In the event of circumstances beyond Green Harbours control that result in Green Harbour unable to carry out work on agreed installation date, a member of Green harbour will contact you to arrange an alternative date. If circumstances which prevent Green Harbour carrying out the works are beyond Green Harbours control (for example but not limited to, bad weather, industrial action, fire, flood, and acts of terrorism) Green Harbour will not be liable for any losses suffered by you or any third party due to such circumstances.

If you wish to cancel your contract, complete the following form, and send to

Green Harbour, St. Patricks Street, Edenderry, Co Offaly.

We hear by give notice that/we wish to cancel my/our contract.

Surname__________________________________________

Address ___________________________________________

Signature __________________________________________

Date —————————————————————–

(please send by recorded delivery)

• Denial Of Access

6.1 For the technical assessment step for the performance of the works, for this reason it is essential that access is granted to the customers property o the date of the technical assessment to be agreed by both parties and will be within 60 days from date of order. If you do not agree to such a date within 60 days, you will be taken to have cancelled your order and your deposit will be waived. Green Harbour reserves its rights to seek payment from you as if cancellation had occurred in accordance with clause 4 above.

6.2 For green harbour to carry out the works is essential to access to the property is granted on installation date. If you do not provide such access to the property, you will be held liable for costs to cover our expenses that day.

• During Installation

7.1 if once the works have commenced technical, structural, electrical, or plumbing problems are discovered which could not reasonably been identified or foreseen by Green Harbour technical assessor during the technical assessment you will be made aware of such problem and Green Harbour will discuss with you about how the technical problems may be overcome. You will however be liable for any additional works and reasonable expenses you agree with Green Harbour if necessary to address these problems. Green Harbour cannot be held responsible for current and existing pipework & radiators. Green Harbour cannot be held liable for any acts or omissions, cased or created by previous installer/ agent/work man/ third party. Once Green Harbours sign off sheet has been signed by the customer this indemnifies Green Harbour from any faults or problems that may occur. Green Harbour is not liable for any works or attempted works carried out by the owner or agent or any other person carrying out work on pipework and existing plumbing Fixtures.

Regarding oil upgrades of oil-based boilers or works carried out on oil boilers or over oil lines, it is essential that the oil line be checked for any leaks or damage by the customer with Green Harbour employee upon final inspection which will be signed off by the customer and a Green Harbour employee at the end of the job. Green Harbour will not be liable for any existing leaks on the property or any subsequent works/acts/ omissions by any third party after an upgrade for boiler service by Green Harbour once it is checked by the customer and signed off on the install or boiler service sign off sheet. You the customer should indemnify Green Harbour for any acts carried out by third party or any costs or damages that ensue on works/installations by Green Harbour and you have signed off agreeing to this.

7.2 if you do not agree to essential additional works being carried out that are necessary to address  such problems identified by a Green Harbour assessor whether said works are carried out by a Green Harbour or by another party engaged by you , such that Green Harbour is unable to complete the works, you will be taken to have cancelled the contract and Green harbour will be entitled to seek payment from you in accordance to clause 4.

• Internal and external doors

You are responsible to ensure that all items stored in areas of installation are either removed either before commencement of the works or otherwise protected. Items not protected are at your own risk. Green Harbour are not removal workers.  When external work is carried out you are responsible to ensure that all vehicles and movable objects are removed from any place that they may be damaged. Objects not moved is at your own risk.

• General Limitations Of Our Obligations

Green Harbour shall not be liable for any work carried out on boiler appliances, installations, or system otherwise by any other third party. You agree to indemnify Green Harbour and Green Harbour indemnified in respect of any other actions, claims, or proceedings from time to time brought against Green Harbour and all loss, damage, cost and expenses which we may incur as a consequence of any work carried out on any boiler, appliance, installation or system otherwise by a third party.

• Price And Payment

If the contract has been placed on our cash terms, a minimum of 50% deposit is required at the point of contract and remaining 50% on confirmation of fitter date. All goods remain the property of Green Harbour till fully paid for. You are required to make payment in full (less any monies paid) immediately on the date on which works are completed. In the event of alleged minor defect found you shall not be entitled withhold more than a proportionate amount of sum due. 20% restocking charge will be applied on cancelled orders. Late payment on invoices will attract charges as following:

Where SEAI grant is applicable the customer shall not deny access to the property for the BER accessor to complete the paperwork for the grant monies. If access is denied and grant paperwork and grant paperwork goes out of date the customer will be held liable for the grant amount and any associated charges. If required Green Harbour reserves the right to charge interest at the rate of 3% above bank of Irelands base rate on the sum outstanding, secured daily from the date on which the installation is completed. If payment is not made in 30 days of the date on the invoice, Green Harbour may commence legal proceedings against you and seek to recover the cost of any legal proceedings as well.

• Inspection And Liability

Within 30 days following completion of the works, you must notify Green Harbour in writing of any damage that you consider that any boiler appliance, installation, or system has caused to your property or its contents. Otherwise, Green Harbour will not be liable for any such claims.

• Risk in the goods

Any damage that occurs to the goods to be installed in connection with the carrying out of the works before or during installation Green Harbours responsibility. Once installation is complete, any subsequent damage to or loss of such goods is he purchasers responsibility or that of the manufacturers where applicable.

• Our Warranty And Liability

All works carry a minimum of 12 months warranty, except in the case of a defective product which was a manufacturer warranty period excess of 24 months. Please note however that some exclusions do apply, see below. NOTE the system does require an annual service of the boiler and Central heating system, which does incur a fee. The boiler must be serviced by Green Harbour to keep Green Harbour Warranty in date.

Exclusions to cover

13.1 Replacement Of Central Heating Boiler

Warranty does not include repair or replacement of the central heating boiler or any part there of in the event of spare parts or components not being reasonably available.

Further Exclusions:

The following are excluded from warranty and will incur additional charges in accordance with our contract:

• Adjustments to time and temperature controls
• Replacement of decorative parts, casing, and body of builder
• Replacement of any part or component which is not listed in the table of included parts annexed
• Filling central heating system with water
• Venting radiator or cylinder circuits
• De-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water
• De sludging the system
• Any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise
• Cost of putting right faults caused by non-use of gas boiler & central heating
• No warranty Is offered if interim supply of heat through other means is defect
• Any defect caused through malicious or wilful action, negligence, misuse, or third-party interference
• Any defect or damage occasioned by fire, lighting, explosion, flood, storm, tempest, frost, impact or any other extraneous events
• Any modification adjustment or repair to the boiler or system by a third party
• The fabric of the building or pipe work buried in it.
• Any pumps in inaccessible locations
• Any domestic water services including cold, water supply tank, its feed outlets, overflow, and the hot water cylinder
• The electrical immersion element is specifically excluded.

13.2 only those parts that are listed in the included parts table annexed to these additional terms and conditions are covered. It is important that you read this table to understand what parts are/ are not included. Components that are working but creating a noise nuisance will not be replaced until they fail in service.

13.3 We will endeavour subject to workloads and labour availability to give a priority in response to any breakdown or failure of the central heating boiler and to respond to a call within 24 hours of notification. Where our offices are closed, a facility for leaving a message identifying your address and contact details will be available to facilitate our on-call staff to follow up this report with you.

13.4 Condition of central heating boiler

Inspection of central heating boiler does not imply that the wet side of the central heating system is manufactured or installed satisfactorily or to the prevailing standards or regulations. We do not accept responsibility for any inadequacy attributable to the original design or installation of the system or make no warranty as to fitness for purpose or condition tor indeed any act or omissions by any third party who is not a representative of Green Harbour and system pipes, fixtures, fittings by any third party with a professional qualification.

There will be a charge if you call out a service engineer on two occasions

• Pertaining to matters not related to our works.
• Or as if described as nuisance calls
• Callouts for items will be charged to you at privileged rate

• Data Protection

We will use the personal data of the purchaser so that we can process your order and fulfil our obligations to you under this agreement and consequently we may pass your details to our agents or sub-contractor In our roles as data controller in order to protect your interest we require all customers to verify their identity when dealing with us. So, we may ask you to provide contact number or other unique info before we discuss your work with you. We may carry out enquires about you with the licenced credit reference agency before we process your order. You agree that we may make such enquiries

In the event of the credit rating not being satisfactory to Green Harbour shall information you of this within 14 days of the date of order. Green Harbour will go ahead with the contract for the works upon payment by you such as increased deposit as Green Harbour requires. However, should you be unable to find or do not wish to pay the additional deposit you have the right to withdraw from the contract and a full refund.

• General

If you breach this agreement and Green Harbour does not take action against you in connection with the breach immediately, this does not prevent Green Harbour taking action against you in the future. This agreement is subject to the laws of the jurisdiction in which Green Harbour conducts its business. If any amendments to this contract are required, these must be confirmed in writing by the customer and signed by one of the principal members of Green Harbour.

15.1 In the event that the sign off sheet is not signed by the customer on completion of the works carried out or service call sign off sheet or boiler service sign off sheet all warranties are null and void.

15.2 Extras must be agreed upon prior to work commencing.