Terms and Conditions
Terms and Conditions (Ireland)
1. For the purpose of these terms & conditions the following words shall have the following meanings: (a) “The Company” shall mean EW Technologies Limited or EWT Water Limited (b) “The Customer” shall mean the person or organization for whom the Company agrees to carry out works &/or supply materials. The “operative” or “Engineer” shall mean the representative appointed by the Company.
2. The company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.
3. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure the appointment is kept. However the company is not liable for late or non attendance of engineer.
4. The customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership & receiving a written estimate the name of the third party appears on the written estimate.
5. If the customer cancels their instructions prior to any work being carried out or materials supplied, then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
6. If, after the company shall have carried out the works, the Customer is not fully satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he or she fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
7. If, after the Company shall have carried out the works, and there is a leak the Customer shall give notice in writing to the Company immediately & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
8. The guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is: (a) Subject to misuse or negligence. (b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for any consequential damage or fault.
9. The Company will not guarantee any work in respect of Blockages in waste & drainage systems etc. The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the Operative/Engineer.
Wok is guaranteed only in respect of work directly undertaken by the Company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company will not be guaranteed.
The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the Customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention. The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.
10. Where the Company agrees to carry out works on installations of inferior quality or on units which are over ten years old at that sate no warranty is given respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
11. The company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the company being liable for those damages or rectification of the work.
12. These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorized representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the company the Customer agrees irrevocably to waive the application of any such terms and conditions.
13. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been received from the Customer by the Company.
Until title for such goods has passed to the Customer:
The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all, any or part of such goods in which title remains vested in the company, For the purpose specified in (i) above, the Company or any of its agents or authorized representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof are installed, stored or kept, or are reasonably believed so to be. The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods had passed to Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence such as Insurance.
14. The Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form
i. Fees are based on Services and service agreements purchased.
ii. payment obligations are non-cancellable, and fees paid are non – refundable, and
iii. Quantities purchased cannot be decreased during the relevant agreement term.
15. If any amount owing by the Customer for installation, services or deliveries is 45 or more days overdue, we may, without limiting our other rights and remedies, accelerate the Customers unpaid fee obligations to a Third-Party Debt Collection Agency under such agreements so that all such obligations become immediately due and payable, and suspend the Companies services to the Customer until such accounts are paid in full.
16. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
17. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at the time.
18. These terms & conditions & all contacts awarded between the Company 7 Customer shall be governed & construed in accordance with Irish & UK Law & shall be subject to the exclusive jurisdiction of the Irish & UK Law.
19. The Company accepts no responsibility for any connections it did not make on existing pipe work.
20. The company accepts no responsibility for water quality before or after any units installed.