1. GENERAL TREMS & CONDATIONS
These terms and conditions of sale shall form part of and govern any contract resulting from the supply of any goods issued by Clean Energy Solar (the Seller) to any person, firm, company, governmental or other authority (the Buyer). By accepting delivery of the products and services described in the Seller’s invoice or other Seller documentation the Buyer agrees to be bound by and accepts these terms and conditions of sale.
The following terms and conditions apply to orders, deliveries and services (including additional services such as proposals and consultations) Business correspondence printed by data processing systems (e.g. order confirmations invoices, credit notes, payment reminders) is also legally binding without being signed. Any deviations from these conditions shall only be effective if expressly agreed to in writing by both the Seller and the Buyer.
3. TRADE CUSTOMER
If you are a Trade Customer – please contact us and we will discuss your requirements. Enter your code in the coupon box on the checkout page. Promo codes might be used only once and they are not valid with any sale items.
We reserve the right to make special invoices for more favourable conditions. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. The Seller may invoice parts of an order separately. The Buyer agrees to pay interest on all past-due sums at the highest rate allowed by law. Statement & reminder of payment are sent as a Buyer expense. The Buyer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, the Buyer will be responsible for all of the Seller’s costs of collection, including court costs, filing fees and legal fees.
Public statements made by the Seller or by product manufacturers or any involved third party, particularly in advertisements and information enclosed with goods, shall only become contractual contents if they form a written basis of the quotation or if they are expressly referred to in the quotation.
Prices without indicated quantities are unit prices. Offsetting of counter-claims or retentions of payments for whatever reason on part of the client shall not be permissible without express agreement. Any warranty claims asserted by the Buyer shall not entitle the Buyer to withhold agreed payments. Our prices are not binding and can be changed at any time without prior notification. Our prices unless otherwise stated are quoted ex warehouse. The Buyer shall be invoiced for any additional costs incurred for speed goods, express delivery, bulky goods, etc. Confirmed prices only apply once delivery has been taken of the confirmed amounts.
7. SHIPING AND ACCEPTANCE CONDATIONS
The Buyer shall inspect and accept the goods at the specified place of acceptance immediately after receipt of goods or shall have the goods inspected and accepted by an authorized person. If the Buyer expressly or implicitly waives such inspection, the object of the purchase shall be deemed duly delivered and accepted.
This requires The Seller’s prior consent. Costs that have already accrued shall be borne by the Buyer and shall be invoiced. Call-off orders over a limited period of time must be made within the agreed time. Please contact us immediately if you wish to amend your order.
9. RETENTION OF TITLE
Goods will remain the property of the Seller until payment is received in full. The risk of the goods shall pass over to the Buyer on delivery. The Buyer will be responsible for all shipping and related charges. The Seller exclusively reserves title on all goods delivered. The risk of the goods shall pass over to the Buyer on delivery. The Buyer assumes ownership on full settlement of all outstanding costs owed to the Seller. The Seller must be immediately informed in writing of any impairment of property rights by third parties, e.g. as a result of attachment and the Seller’s property rights shall be confirmed to the third parties as well as to the Seller. Should the Buyer default on any payment, the Seller is entitled to redeem goods supplied and obtain immediate possession themselves or through authorised third persons. If goods are combined or mixed with other objects, the assignment of future claims is limited to the invoice value of the Seller’s invoices together with costs. In the event of default of payment, stoppage of payment, opening of bankruptcy proceedings, judicial or extrajudicial composition proceedings or any other financial collapse of the Buyer; the Seller revokes authorization for collecting the claim.
10. ACCELERATED CLAUSE
If the Buyer is in default with a contractual payment or part of such payment over more than 14 days, The Seller shall be entitled to accelerate settlement of the entire residual purchase price (residual invoice amount) for the immediate payment. Moreover, the entire residual claim shall immediately fall due for payment if execution is unsuccessful levied against the clients assets, if the forced sale of the Buyer’s real property or the sequestration of such real property is approved or if the client’s financial soundness and creditworthiness deteriorate in any other way. Cases for this acceleration clause shall entitle the Seller to immediately withdraw from the contract.
The delivery time shall, with all due foresight, be indicated and maintained as precisely as possible, without being able to guarantee this date. In particular, this applies in the event of force majeure (e.g. strikes, lock-outs, operational disruption and other unforeseeable circumstances). Compensation claims or order cancellations due to late delivery cannot be accepted. If delivery is not accepted by the Buyer on the agreed date, the Seller is entitled to invoice the goods and store them at the expense and risk of the Buyer or to demand compensation. Call-off orders must indicate an approximate time. The Seller reserves the right to only order the material after receiving the order, so the definite delivery date shall be treated the same as for a new order.
Complaints about missing parts, visible defects, etc., can only be considered on delivery of goods. The Buyer shall be liable for loss or damage to goods in transit caused by rail or postal services. The claim must be made against them as soon as possible, as they will otherwise disclaim any liability.
13. RETURNED GOODS
Returned goods can only be accepted if this has been agreed in advance with the Seller, no later than 14 days from receipt, with return shipping covered by Buyer. Furthermore, we will only accept catalogue-related articles delivered by us which are still included in the delivery programme at the time of returning the goods, are still in brand new condition, in their original packaging and fit for resale. The material shall be returned postage paid and notification given in due time. In addition, this includes any repair costs and the outgoing freight costs if the delivery was post paid. If credit notes have not yet been issued, this does not give entitlement to reserve payment. We reserve the right to demand the invoice number and date to make large deductions or to refuse to accept goods if an item had to be specially manufactured for the Buyer.
Both the warranty and the guarantee periods shall respectively commence upon the issue date of the Seller’s delivery. Warranty shall, at the discretion of the Seller, be effected by means of repair of the purchased object or replacement of the faulty parts, exchange or price reductions. All incurred wages and cost of installation and disassembly shall be borne by the Buyer. The Seller reserves the right to impose special warranty periods for individual items. The warranty covers the performance stipulated in the catalogue and the faultless condition products. The Seller strictly disclaims any further obligations, in particular the acceptance of compensation, replacement and assembly costs. Interference by the Buyer within the warranty period without the express consent of the Seller absolves the Seller of any warranty obligations. The Buyer is responsible for insuring against any water damage. Excluded from the warranty is damage caused by incorrect installation, incorrect use and incorrect maintenance. Also excluded from the warranty are parts that are subject to natural wear and tear (seals, electrical parts, etc.) Minor colour deviations and or surface impairments which have no economically relevant influence on the collectors’ function shall also be excluded from the guarantee. Liability for damage caused by force majeure and malfunctions attributable to improper mounting and/or installation of the products shall be excluded. The Seller does not accept any liability for possible consequential costs.
These are not binding. We reserve the right to make structural changes. In special cases, binding dimensioned sketches shall be required.
All compensation claims beyond the scope of the warranty are also excluded (e.g. due to delays impossible of performing the service, culpable breach of contract, culpa in contrahendo and tort)
17. COMMISSIONING OF SYSTEMS
If system parts have to be initially put into operation by us at the wish of the Buyer or in accordance with regulations, or our presence is demanded at the initial start-up, then the required time must be separately invoiced.
18. PLACE OF JURISDICTION
These terms and conditions of sale and any sale hereunder shall be governed by the Laws of the Republic of Ireland.
19. CONTACT US
If you have any queries don’t hesitate to contact us via:
Unit 5B, Link Road Business
Park,Link Road, Ballincollig,
Office: +353 (0)21 4289340
+353 (0)21 4289341
Mobile:+353 (0)87 398 9078