Marron Activ8 Energies Limited
Terms and Conditions
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 Marron Activ8 Energies Ltd. (“Activ8 Energies”) to carry out for you (“Works”), form the contract (“Contract”) between you and Activ8 Energies 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 Activ8 Energies customer services team by writing to Marron Activ8 Energies Ltd., Shercock Road, Carrickmacross, Co. Monaghan, Ireland.
This agreement is also available in large print.
1. Activ8 Energies
Activ8 Energies details are as follows: Marron Activ8 Energies Limited, company number 607464, with its registered office at Shercock Road, Carrickmacross, Co. Monaghan, Ireland.
2. Formation of Contract
2.1 If you wish Activ8 Energies 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 Activ8 Energies. The date of your order (“Date of Order”) will be the date on which you sign and submit to Activ8 Energies 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 Activ8 Energies that all your details are correct.
- Once you have made your order by signing and submitting the Order Form, there will be a binding contract between you and Activ8 Energies for the carrying out of the Works SUBJECT to:
- satisfactory results of a credit rating search; and
- a technical assessment (“Technical Assessment”) confirming that the Property is suitable for the system at the price quoted on the Order Form.
Such Technical Assessment will be carried out within 60 days of the Date of Order.
See clause 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 day do one of the following:
- Provide you with a Variation to Order detailing the variation and giving a cost (if any) associated with them. If you are happy with the Variation to Order we will proceed under the terms of the original order. Our Technical Assessor will advise on payment procedure for the Variation to Order.
- Inform you that it is not feasible to carry out an installation at the Property in which case your original Deposit will be refunded in full within 14 days of informing you of such conclusion and you will have no further obligations to Marron Activ8 Energies Ltd.
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 Activ8 Energies within 14 days of the Date of Order, Activ8 Energies will refund your entire Deposit.
- If you cancel your Order after 14 days from the Date of Order, Activ8 Energies may retain such amount of your Deposit as represents the costs and expenses incurred by Activ8 Energies up to the date on which it receives your notice of cancellation. These costs and expenses are limited to the following:
- the cost of any goods that have been obtained solely for use in the Property and that Activ8 Energies is unable to resell or to reuse; and
- any other costs and expenses which Activ8 Energies has incurred in connection with performing the Contract such as labour, transportation, sales, marketing and administration costs; and
- a sum in respect of the loss of net profit suffered by Activ8 Energies as a direct consequence of your cancellation.
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, Activ8 Energies 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 Activ8 Energies’ customer services team will contact you to agree your Installation Date with you. The Installation Date will be within a reasonable time from the Date of Order. Works which are subject to prior resolution of any planning matters may be delayed while such planning matters are resolved with the relevant authority. Activ8 Energies 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 Activ8 Energies will do all it can to meet the Installation Date and to complete the Works as soon as possible after installation commences. Occasionally, circumstance beyond Activ8 Energies control may result in Activ8 Energies 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 Activ8 Energies being able to carry out the Works are beyond Activ8 Energies control (for example (but not limited to) due to bad weather, industrial action, fire, flood, acts of terrorism) Activ8 Energies 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,
Marron Activ8 Energies Ltd.
Shercock Road, Carrickmacross,
Co. Monaghan, A81 HK09,
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 Date of Order. If you do not agree such a date within the 60 days, you will be taken to have cancelled your Order. Activ8 Energies will be entitled to seek payment from you as if cancellation had occurred in accordance with clause 4 above.
6.2 In order for Activ8 Energies 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 Activ8 Energies technical assessor during the Technical Assessment, you will be made aware of such problem and Activ8 Energies 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 Activ8 Energies are necessary to address the problems.
7.2 If you do not agree to such addition works to be carried out as are necessary to address such problems identified (whether such) works are carried out by Activ8 Energies or by another party engaged independently by you), such that Activ8 Energies is unable to complete the Works, you will be taken to have cancelled the Contract and Activ8 Energies 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 Activ8 Energies. 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 Activ8 Energies is found to be negligent in their damage or loss.
9. Activ8 Energies Solar System
The solar installation is an ACTIV8 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 ACTIV8 SOLAR PV SYSTEM.
10. Price and Payment
10.1 If the Contract has been placed on our cash terms a minimum of 30% deposit shall be paid by you on signing the Contract followed by a stage payment of 35% for the roof installation. The balance of 35% 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 Activ8 Energies 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 Activ8 Energies reserve the right to charge interest at the rate of 3% above Bank of Ireland base rate 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 Activ8 Energies may commence legal proceedings against you.
10.3 All charges quoted for the carrying out of the Works are exclusive of any Value Added Tax, for which you shall be additionally liable for at the applicable rate from time to time.
11. Inspection and Complaints
Within a reasonable period of time following completion of the Works you must notify Activ8 Energies in writing of any damage that you consider that Marron Activ8 Energies Ltd has caused to the Property or its contents otherwise Marron Activ8 Energies Ltd will not be liable for any such claims. Complaints should be addressed to Customer Services Manager, Marron Activ8 Energies Ltd, Shercock Road, Carrickmacross, Co. Monaghan, A81 HK09.
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 Marron Activ8 Energies Ltd 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 Marron Activ8 Energies Ltd supply will:
- match the description given to them
- be of satisfactory quality
- be fit for the purpose for which they have been supplied.
(ii) Any work carried out by Activ8 Energies 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, Activ8 Energies 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 transfer. Should we agree to transfer the warranty you should send the following items to Activ8 Energies at the address stated in clause 1:
13.3.1. written notice to Activ8 Energies including your name and address and the full name of the purchasers of the Property; and
13.3.2. a cheque made payable to ‘Activ8 Energies’ 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. Activ8 Energies 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, Activ8 Energies does not give warranty, guarantee or other term 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 Activ8 Energies 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 form, 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 the Activ8 Energies’ negligence, Activ8 Energies 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 Activ8 Energies 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 Activ8 Energies under or in connection with the Contract shall not exceed the price paid by you to Activ8 Energies under the Contract.
13.7 Activ8 Energies 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 Activ8 Energies’ 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:
- prove to be obtained only by revision of the Works at a greater cost as specified overleaf, the Company may quote a revised price, in the event that this is unacceptable you must notify the Company in writing at the address specified in clause 1 above within 7 days of the quotation, the Company will be at liberty to cancel the contract by written notice; or
- Alternatively, should approval not be forthcoming, the Company will likewise be at liberty to cancel the contract.
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 Activ8 Energies shall remain the property of Activ8 Energies.
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 Activ8 Energies to effectively provide or administer a product or service to you. Failure to supply Activ8 Energies with sufficient information may result in Activ8 Energies not being able to provide or meet your product/service needs.
16.2 The information that you provide may be held by Activ8 Energies 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 any future agreements that we may have with you and, to manage and develop Activ8 Energies’ relationship with you.
- For direct marketing purposes, where you have given your permission to do so, to advise you of products or services. If you wish to change your preferences at any time, please contact us at Marron Activ8 Energies Ltd, Shercock Road, Carrickmacross, Co. Monaghan, A81 HK09
- To carry out searches (including verifying your identity and/or a credit search) and disclose information to credit reference agencies for the purpose of assessing your ability to perform the Contract. Credit reference agencies will record details of each type of search Activ8 Energies makes whether or not your application proceeds. We may use credit scoring techniques and other automated decision making systems to either partially or fully assess your application.
- To provide details of your financial indebtedness owing to the AIB Group and how you conduct your agreement(s)/account(s), to credit reference agencies on a regular basis.
- To provide your personal details to debt collection agencies and/or third party processors and contractors, who act on behalf of Activ8 Energies, if it is necessary for the performance of a contract and/or to protect the legitimate interests of Activ8 Energies.
- To prevent and detect fraud or other criminal activity and to trace those responsible. If you give us false or misleading information and we suspect fraud or other criminal activity, we will record this and may report the incident to the relevant regulatory authorities.
- To carry out statistical analysis and market research or to instruct a third party to perform this on our behalf.
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 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 Activ8 Energies at Marron Activ8 Energies Ltd, Shercock Road, Carrickmacross, Co. Monaghan, A81 HK09. 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 Activ8 Energies through or in relation to its products and services, you consent to the use by Activ8 Energies of your personal data as indicated above.
16.7 In the event that your credit rating is not satisfactory to Activ8 Energies, Activ8 Energies shall within 14 days of the Date of Order inform you of this in which case Activ8 Energies will only go ahead with the Contract for the Works upon payment by you of such increased Deposit as Activ8 Energies 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 Activ8 Energies.
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17.1 In the event of any dispute, claim or disagreement between the parties arising from or relating to the Contract or the breach thereof (a “Dispute”), the parties shall use their best efforts to settle the Dispute by mutual agreement and both parties shall consult and negotiate with the other in good faith, and shall attempt to reach a settlement satisfactory to both parties. If the parties are unable to resolve the Dispute by mutual agreement within a period of twenty (20) Working Days of the Dispute then upon notice by any party to the other, 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, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by the Centre for Effective Dispute Resolution (“CEDR”) Ireland. To initiate the mediation a party must give notice in writing (“Mediation Notice”) to the other Party to the dispute requesting a mediation. A copy of the request should be sent to CEDR Ireland. The mediation will start not later than 14 days after the date of the Mediation Notice. If the dispute is not resolved within 30 days (or such longer period as agreed by the parties), or one or more of the Parties refuses to participate in mediation, the dispute shall 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 shall be referred to the decision of a single arbitrator selected by agreement of the parties or if the parties fail to agree within 15 Working Days of one party requesting the other to agree upon the appointment of the arbitrator, as may be nominated by the Chairman for the time being of the Chartered Institute of Arbitrators (Irish Branch). Any such reference to arbitration will be a submission to arbitration within the meaning of the Arbitration Act 2010 or any Act amending or repealing same and shall be an arbitration conducted in Dublin, Ireland. The arbitration shall be conducted in the English language and 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 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 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.
18.2 Subject to the provisions of clause 17 above the parties irrevocably 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 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.
19.2 You acknowledge that you have not been induced to enter into the Contract by a statement or promise, which the Contract does not contain.
19.3 Activ8 Energies Limited 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.
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.
20.1 If you breach this agreement and Activ8 Energies does not take action against you in connection with that breach at the time, this does not prevent Activ8 Energies from taking action against you in the future.
20.2 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.
20.3 Any unauthorised assignment of the equipment to a third party, for commercial or personal use, is expressly prohibited.
20.4 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.
20.5 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.