These terms and conditions, together with the order form (“Order Form”), detailing the works, you, the person named as the customer on the Order Form, have instructed Nusolas Solar PV solutions to carry out for you (“Works”), form the contract (“Contract”) between you and Nusolas Solar PV solutions for the provision of those Works.
Please read these terms and conditions carefully and ensure that you agree to them. If you have any questions please contact the Nusolas Solar PV solutions customer services team by writing to Nusolas Solar PV solutions ., Bay 88 Shannoon Free Zone Shannon Co. Clare V14 D424 or Email: email@example.com
1. Nusolas Solar PV solutions
Nusolas Solar PV solutions details are as follows: NuSolas Ltd, company number 672323, with its registered office at Bay 88 Shannon Free Zone Shannon Co. Clare V14 D424.
2. Formation of Contract
2.1 If you wish Nusolas Solar PV solutions to carry out the Works for you, you must sign and submit the relevant Order Form for the Works and pay the required deposit (“Deposit”) to Nusolas Solar PV solutions . The date of your order (“Date of Order”) will be the date on which you sign and submit to Nusolas Solar PV solutions the fully completed Contract comprising these terms and conditions and the completed Order Form.
2.2. You are responsible for verifying that the details on the Order Form are correct before you sign it and by signing the Order Form you are warranting to Nusolas Solar PV solutions that all your details are correct.
Such Technical Assessment will be carried out within 10 days of the Date of Order.
See clauses 3 and 4 below as regards what happens in the event of a poor credit rating or a technical assessment that identifies any problems.
3. Technical Assessment
There may be a reason(s) for the Technical Assessor to suggest a variation to your original order or you may wish to add something to the order. If this is the case, we will at the point of the visit or within 5 days do one of the following:
4. Your Rights to Cancel
4.1 To cancel your Contract for the Works, please either send written confirmation to the address specified at 1 above or alternatively complete the cancellation form below and return it to the address specified at 1 above.
4.2 If you cancel your Contract with Nusolas Solar PV solutions within 14 days of the Date of Order, Nusolas Solar PV solutions will refund your entire Deposit.
4.4 If you decide to cancel the Contract on or after your technical assessment, the costs incurred are likely to exceed the amount of your Deposit. If these costs do exceed the amount of your Deposit, Nusolas Solar PV solutions may retain the Deposit and seek to recover such costs and expenses as listed above to the extent that they exceed the Deposit for breach of contract.
5. Installation Date
5.1 After you have placed your order, a member of Nusolas Solar PV solutions ’ customer services team will contact you to agree on your Installation Date. The Installation Date will be within a reasonable time from the date of order. Works that are subject to prior resolution of any planning matters may be delayed while such planning matters are resolved with the relevant authority. Nusolas Solar PV solutions will endeavour to ensure that you are kept fully informed of such matters and the likely delay in installation due to such matters.
5.2 Nusolas Solar PV solutions will do all it can to meet the Installation Date and to complete the Works as soon as possible after installation commences. Occasionally, circumstances beyond Nusolas Solar PV solutions control may result in Nusolas Solar PV solutions being unable to carry out the Works on the agreed installation date. In the event that this happens, a member of the customer services team will contact you to arrange an alternative Installation Date. Provided that the circumstances which prevent Nusolas Solar PV solutions from being able to carry out the Works are beyond Nusolas Solar PV solutions control (for example (but not limited to) due to bad weather, industrial action, fire, flood, acts of terrorism, Covid-19) Nusolas Solar PV solutions will not be liable for any losses suffered by you or any third party due to such circumstance.
Complete and return this form only if you wish to cancel the contract:
Customer Services Manager,
Nusolas Solar PV solutions .
Bay 88 ShannOon Free Zone Shannon
Co. Clare V14 D424.
I/We hereby give notice that I/We wish to cancel my/our contract
Date: ________________________ (Please send by recorded delivery)
6. Denial of Access
6.1 The Technical Assessment is a crucial part of the process. For this reason, it is fundamental that access to the Property is granted on the date of the Technical Assessment which will be mutually agreed by both parties but will, however, be within 60 days from the date of Order. If you do not agree to such a date within 60 days, you will be taken to have cancelled your Order. Nusolas Solar PV solutions will be entitled to seek payment from you as if the cancellation had occurred in accordance with clause 4 above.
6.2 In order for Nusolas Solar PV solutions to carry out the Works, it is fundamental that access to the Property is granted on the Installation Date. If you do not provide such access to the Property you will incur costs to cover our expenses for that day.
6.3 You hereby irrevocably grant the company’s representative access to the premises at all reasonable times for the purposes of undertaking a technical assessment, carrying out the works forming the subject of the contract and for any subsequent work that may be required. In some cases, the company may need to use site ladders, scaffolds or vehicles on the premises in order to complete its contractual obligations. In the event of access being required to neighbouring land, it is the purchaser’s responsibility to ensure that access is granted and the company shall not be held liable for the purchaser’s inability for delays arising out of our inability to gain access. Should access be denied whilst the company’s representative is in attendance at your property the purchaser will incur the costs to the company for that day.
7. During Installation
7.1 If, once the Works have commenced, technical problems are discovered which could not reasonably have been identified by Nusolas Solar PV solutions technical assessor during the Technical Assessment, you will be made aware of such problem and Nusolas Solar PV solutions will discuss and agree with you how such technical problems may be overcome. You will however be liable for any additional works that you agreed with Nusolas Solar PV solutions are necessary to address the problems.
7.2 If you do not agree to such additional works to be carried out as are necessary to address such problems identified (whether such) works are carried out by Nusolas Solar PV solutions or by another party engaged independently by you), such that Nusolas Solar PV solutions is unable to complete the Works, you will be taken to have cancelled the Contract and Nusolas Solar PV solutions will be entitled to seek payment from you in accordance with clause 4 as if you had cancelled the Contract.
8. Internal and External Access
You are responsible to ensure that all items stored in the areas of installation are either removed before commencement of the Works or otherwise protected. Items not so protected are at your risk except in the case of negligence by Nusolas Solar PV solutions . When external work is carried out, you are responsible to ensure that all vehicles and movable objects are removed from such a place that they may be damaged. Objects not removed are at your risk, unless Nusolas Solar PV solutions is found to be negligent in their damage or loss.
9. NuSolas Solar PV System
The solar installation is a NUSOLAS SOLAR PV SYSTEM for the generation of electricity, unless otherwise specified in the contract, space heating is not provided for. The exact performance of Solar PV systems is impossible to predict with certainty due to the variability in the amount of solar radiation (sunlight) from location to location and from year to year. This estimate is based upon the standard DEAP procedure and is given as guidance only. It should not be considered as a guarantee of performance but 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 NUSOLAS SOLAR PV SYSTEM.
10. Price and Payment
10.1 If the Contract has been placed on our cash terms a minimum of 50% deposit shall be paid by you on signing the Contract followed by a stage payment of 25% for the roof installation. The balance of 25% is payable on 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 required Nusolas Solar PV solutions will provide you with a receipt for your payment and you will be sent a formal invoice within 14 days of completion of the Works. If you do not make payment in full Nusolas Solar PV solutions reserves the right to charge interest at the rate of 3% on the sum outstanding, accruing on a daily basis from the date on which the installation is completed. If payment is not made within 30 days of the date of the invoice Nusolas Solar PV solutions may commence legal proceedings against you.
10.3 All charges quoted for the carrying out of the Works are Inclusive of Value Added Tax.
11. Inspection and Complaints
Within a reasonable period of time following completion of the Works you must notify Nusolas Solar PV solutions in writing of any damage that you consider that Nusolas Solar PV solutions has caused to the Property or its contents otherwise Nusolas Solar PV solutions will not be liable for any such claims. Complaints should be addressed to Customer Services Manager, Nusolas Solar PV solutions , Bay 88 Shannon Free Zone Shannon Co. Clare V14 D424. Or email: firstname.lastname@example.org
12. 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 is Nusolas Solar PV solutions responsibility. Once installation is complete any damage to or loss of such goods is 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 Goods and Services Provided
13.1 In accordance with your statutory rights:
(i) Any goods which Nusolas Solar PV solutions supplies will:
(ii) Any work carried out by Nusolas Solar PV solutions will be carried out with reasonable care and skill.
13.2 In relation to all Works and in addition to your statutory rights as set out above, and within 21 days of full payment for the Works, Nusolas Solar PV solutions will provide a Certificate of Guarantee subject to the terms and conditions set out in the Certificate of Guarantee.
13.3 If you wish to transfer this guarantee certificate to a new purchaser of your home, we will only consent to this provided we are absolutely satisfied that the goods have been kept in good condition and accordingly we will inspect any installation prior to agreeing on transfer. Should we agree to transfer the warranty you should send the following items to Nusolas Solar PV solutions at the address stated in clause 1:
13.3.1. written notice to Nusolas Solar PV solutions including your name and address and the full name of the purchasers of the Property; and
13.3.2. a cheque made payable to ‘Nusolas Solar PV solutions ’ for the sum of €300.00 plus VAT in respect of our standard administration and technical visit costs; and
13.3.3. copy of your original guarantee certificate. Nusolas Solar PV solutions shall then provide you with 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, Nusolas Solar PV solutions does not give warranty, guarantee or other terms as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.
13.5 Nusolas Solar PV solutions shall have 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 forum, or arising from their late arrival or non-arrival, or any other fault of yours.
13.6 Except in respect of death or personal injury caused by Nusolas Solar PV solutions ’ negligence, Nusolas Solar PV solutions shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other terms, 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 Nusolas Solar PV solutions its servants or agents 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 Nusolas Solar PV solutions under or in connection with the Contract shall not exceed the price paid by you to Nusolas Solar PV solutions under the Contract.
13.7 Nusolas Solar PV solutions shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Nusolas Solar PV solutions ’ obligations in relation to the Works or under the Contact generally, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
14. Planning Application
It is your responsibility to inform the Company by completing the boxes provided on the Order Form, whether the premises are a listed building or within a conservation area as defined by Statute, in which case the Company will make the necessary application on your behalf. Should these approvals:
If you fail to inform the Company that the property is a listed building or within a conservation area or an area of outstanding natural beauty, the Company shall be entitled to assume, without any further enquiry, that it shall not have to obtain any relevant consent or approval to carry out the works themselves. The Company shall be under no liability whatsoever in the event of any enforcement or other action by the Local Authority or any other person or body. If the Contract is cancelled in accordance with this Clause, the Company will retain such money as appropriate, no less than €450.00, to cover the cost of work carried out and service rendered.
15. Transfer of Ownership of Goods
15.1 Ownership of the goods supplied in connection with the Works passes to you upon full and final payment of the price prior to such time all goods supplied to you by Nusolas Solar PV solutions shall remain the property of Nusolas Solar PV solutions .
15.2 In the event of non-payment, we may require you, on reasonable notice, to return and deliver up the goods supplied in connection with works to us, failing which 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 Nusolas Solar PV solutions to effectively provide or administer a product or service to you. Failure to supply Nusolas Solar PV solutions with sufficient information may result in Nusolas Solar PV solutions not being able to provide or meet your product/service needs.
16.2 The information that you provide may be held by Nusolas Solar PV solutions on a computer database and/or in any other way. We may use this information:
16.3 We may record telephone conversations to offer you additional security, resolve complaints and improve our service standards. Conversations may also be monitored for staff training purposes.
16.5 Under the Data Protection Acts you have the right of access to the personal information we hold about you on our records on payment of a nominal fee (currently €6.35). You can exercise this right by writing to Nusolas Solar PV solutions at Nusolas Solar PV solutions , Bay 88 Shannon Free Zone Shannon Co. Clare V14 D424. 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 such corrections.
16.6 If you decide to proceed with the Contract or have any other communication with Nusolas Solar PV solutions through or in relation to its products and services, you consent to the use by Nusolas Solar PV solutions of your personal data as indicated above.
16.7 In the event that your credit rating is not satisfactory to Nusolas Solar PV solutions , Nusolas Solar PV solutions shall within 14 days of the Date of Order inform you of this in which case Nusolas Solar PV solutions will only go ahead with the Contract for the Works upon payment by you of such increased Deposit as Nusolas Solar PV solutions requires. However, should you be unable to find or not wish to pay the additional deposit you have the right to withdraw from the contract and a full refund of the deposit from Nusolas Solar PV solutions .
17. Governing Law
17.1 The Contract, Terms & Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Irish law.
18. Entire Agreement
18.1 The Contract contains the entire agreement between the parties in relation to the Works and contains all the terms which the parties have agreed with respect to its subject matter and the Contract supersedes and extinguishes all previous drafts, agreements, contracts and undertakings between the parties.
18.2 You acknowledge that you have not been induced to enter into the Contract by a statement or promise, which the Contract does not contain.
18.3 Nusolas Solar PV solutions shall not be liable to you in equity, contract or tort or in any other way for a representation that is not set out in the Contract.
18.4 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.
19.1 If you breach this agreement and Nusolas Solar PV solutions does not take action against you in connection with that breach at the time, this does not prevent Nusolas Solar PV solutions from taking action against you in the future.
19.2 We may amend, vary or add to these Conditions at any time on giving you thirty days’ notice. This notice will indicate where you may view or obtain a copy of the new Conditions. If any variation, addition or amendment is unacceptable to you, you may terminate the Agreement in accordance with condition 4, otherwise, you will be deemed to have accepted the new Conditions. If any amendments to the Contract are required these must be confirmed in writing by the customer and signed off by one of the Company Directors.
19.3 Any unauthorised assignment of the equipment to a third party, for commercial or personal use, is expressly prohibited.
19.4 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, and 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.
19.5 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.
Please note, these Terms & Conditions are laid out in the same way as they are on our order form and have not been altered for online presentation.