Terms and Conditions
1. Definitions:
In these conditions the following words shall have the following meaning :-
"Company" – Galamor Energy NI, 14 Rhanbuoy Gardens, Holywood BT18 0GA
"The Customer" - shall mean the person, firm or Company with whom the Company contracts.
"Goods" - Means the Energy Performance Certificate or service which are the subject matter of the Contract.
2. These Conditions of Business shall apply to all sale and purchase transactions between the Company and the Customer. No terms and conditions put forward by the customer in conflict with these terms and conditions shall be incorporated into the Contract unless separately agreed in writing and signed by a director of the company.
2.1. Any quotation submitted by the Customer is an invitation to treat not offer. The placing of an order by the Customer orally or in writing shall constitute an offer and a Contract shall be effected if and when such offer is accepted by the Company and not at any earlier time. The Company will only accept offers subject to these Conditions of Business.
3. At all times the company will quote a delivery date on instruction to proceed from the customer. The dates are estimates only and while the Company will use all reasonable endeavours to ensure it complies with any estimates given, the Company will not be liable for any failure to comply with any such estimate or for any direct or consequential loss resulting therefrom.
4. All prices quoted are the Company's prices ruling at the date the relevant quotation is given and are based on current production costs. Orders are accepted only on the basis that the actual price payable under the Contract shall be the Company's price ruling at the date of the relevant invoice. If any extra cost is incurred by reason of any additional instructions, or any error or omissions in instructions submitted by the Customer, or if the Customer requests any special testing of the goods or any variation of the specification, or design of any modifications to the Goods, then the Customer shall bear any relevant extra costs.
5. In the event that the Customer cancels the contract, the customer shall as regards any goods that are the subject of the Contract, reimburse the Company the amount or amounts of any work undertaken, time expanded and costs incurred in connection with the Customers order together with a reasonable profit margin.
6. The customer shall ensure, where possible, that direct access is provided to the following areas and appliances within or outside the property: Electric Meter, Gas Meter, Boiler, Water Storage Cylinder, Installation Documentation (if available), heating system programmer and room thermostats.
7. The customer shall also ensure that the company have access to the roofspace to permit a visual inspection which is carried out from a ladder supplied by the company or fixed ladder supplied by the customer. The inspection requires the company representative to visually inspect the roofspace insulation (if any) from a level of 0.6m above floor level of the roofspace area.
8. The customer shall ensure that the company have access to all rooms in the house and that there is a safe working area to carry out internal measurements of the property in accordance to the company Health and Safety Policy and the Health and Safety at Work Act 1974. The customer must ensure that all animals are kept under restriction and away from the working area.
9. The Company accepts no liability for delay or non fulfilment of any term of the Contract caused wholly or in part by “force majored”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, scarcity or materials or any other cause or causes not within the Company’s direct control.
10. Payment for the service is due in full, on or before the survey date, and the funds are to be cleared into the company's bank account before delivery of the Energy Performance Certificate.
11. The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every Contract between the Company and the Customer or to suspend any further deliveries under any Contract in any of the following events:
11.1. If any sum owing from the Customer to the Company for any reason what so ever is unpaid after the due date for payment.
11.2. If the Customer refuses to take delivery of or to collect (as the case may be) any goods.
11.3. If the Company has any reason to doubt the credit worthiness of the Customer.
11.4. If the Customer has a receiver, administrator, administrative receiver, liquidator or other supervisor appointed over any of its assets or undertaking or if the Company enters into any composition or arrangement with its creditors or commits any other act of insolvency.
11.5. If the Customer commits any breech of any Contract between the Company and the Customer:
12. The Company’s liability is limited to reimbursement of the price or repair or replacement of the Goods or remedying any defects in any services rendered by the Company in connection therewith. Apart from such reimbursement, replacement, repair or remedial work the Company and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
12.1. Any negligence on the part of the Company or its employees (except insofar as the same causes death or personal injury. Or
12.2. The Company’s performance of or failure to perform or breach of any of its express implied obligations under the Contract.
13. The customer shall endevour to show the Company Energy Assessor around the property on his/her arrival and ensure there are no undue distractions or interuptions which may result in a delay on completion of the survey or to the Assessors departure.