Terms and Condition

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Terms and Condition

1. Acceptance

These Terms and Conditions are deemed accepted by the Client when products or services have been accessed or ordered by the Client.

2. Interpretation

2.1 A “business day” means any day other than a Saturday, Sunday, or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.

3. Goods

3.1 The description of the Goods is as set out on the Company’s website (Failtesolar.com) and the Client has acknowledged that it does not rely on any other representations regarding the Goods save for those made in writing by the Company or its authorized representative. No descriptions of the Goods set out in the Company’s website shall be binding on the Company or its authorized representative and are intended as a guide only.
3.2 Once the sales order is accepted by the Company, it shall be binding on the Client unless agreed in Writing between the authorised representatives of the Company and the Client.
3.3 Retention of Title - The Company retains legal ownership of all goods supplied until full payment has been received, and reserves the right to enter the Client’s premises for the purpose of repossesing the goods, in the event that payment in full is not received in accordance with agreed terms.
The Company further retains title of any goods supplied until all outstanding invoices on the Client’s account have been settled in full.

4. Price

4.1 Subject to sub-Clause 4.2, the price (“Price”) of the Goods shall be that detailed in this quotation, accepted by the Client, and confirmed in the invoice.
4.2 The Company reserves its rights to alter/increase the cost of the Goods due to any factor beyond the Company’s control including, but not limited to, supply chain cost, material costs, alteration of exchange rates or duties, or changes to delivery rates, shall be reflected in this invoice in accordance with the Company's right to increase the Price prior to delivery.
4.3 Any increase in the Price under sub-Clause 4.2 shall only take place upon the Company or its representative informing the Client of the alteration/increase in writing.
4.4 The Price is exclusive of fees for packaging and transportation/delivery etc.
4.5 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority and the Client hereby agrees and accepts such applicable taxes without any demur or protest.
4.6 Notwithstanding any stipulations by the client to the contrary, payments shall first be set off against older payables, and specifically, first against costs and interest and then against the main amount payable.

5. Delivery

5.1 The Company undertake to deliver the goods to the Client at its registered address with the company unless client inform the company representatives in writing.
5.2 Orders that are placed with payment before 2pm can usually be dispatched the same day and will reach the destination within 48 hours from the time of dispatch.
5.3 Collection from our warehouse is free of charge from 9am to 2pm unless specifically agreed by the Company representative.
5.4 It is agreed by the client that if the given address is found to be incorrect or the client is not available to collect the scheduled delivery or inaccessibility to site etc., in such cases a surcharge will be added due to increased mileage or reattempt of delivery without any demur or protest.
5.5 NON-DELIVERY - The number of Goods as recorded by the Company on Dispatch Note shall be conclusive evidence of the quantity received by the client unless the client can provide conclusive evidence proving the contrary and for collection the proof of collection duly signed by the client or its representative shall be binding evidence.
5.6 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata rate against any invoice raised for such Goods.

6. Inspection of Goods

6.1 The Client is under a duty to inspect the Goods on delivery or collection.
6.2 It is duty of the Client to check the contents against the packing note or quotation that client have received. If the Client identifies any damage or missing items it must inform the Company or its representative in writing within 24 hours by phone or email, providing details of the alleged damage or shortage. The Company shall not be liable if the Client fails to provide such information to the Company or its representative within the stipulated time period.
6.3 The Company reserves its rights to inspect the damaged Goods with proper proof and the items only being unused, unaltered or unmodified by the Client.
6.4 Subject to the Client’s compliance with this Clause 6, and the Company's verifications of its records and confirmation of the same in writing, the Company hereby agrees to make good any and all alleged damage or shortages within a reasonable time.
6.5 The Company shall be under no liability for and shall not indemnify the Client against any matters arising from damage or shortages in any manner except as agreed by the Company.

7. Returns

7.1 The Client may return the unopened Goods within 7 days from the date of delivery/collection provided that:
(a) the Client bears the risk and cost of returning the Goods such as transportation charges etc;
(b) the Company is not bound to accept any return of the open goods and or the goods which are being utilized even for once.
7.2 Goods may not be returned without the prior written confirmation of the Company or its representative.
7.3 The Company shall only accept returned Goods if it is satisfied that those Goods are defective and that such defect would not be apparent on inspection.
7.4 The Company shall have the option of either replacing defective Goods within 15 days of receipt of them or issue a credit/refund to the Client the Price for those Goods which are defective.
7.5 The Company shall not be liable for defects arising out of normal wear and tear, the Client’s failure to follow any instructions given on the products, misuse or alteration of the goods, negligence, wilful damage or any other act of the Client, its employees, agents or any other third party.
7.6 All stock returns are subject to confirmation at time of return and shall be binding on the Client.
7.7 In terms of any technical issues, the company's Technical Support Team shall be contacted by the client and inform them about the tests that are performed by the client in accordance with the instructions/manual of the goods (“Phase One Testing”).
7.8 If the Phase One Testing does not provide a conclusive result, then a returns request can be sought for from the company and it is at the company’s sole option, the Goods can be returned for further testing (“Phase Two Testing”).
7.9 If either Phase One Testing or Phase Two Testing reveals that the Goods are damaged or faulty, the company may at its sole discretion provide the client with a replacement or credit note for the full price of the relevant Goods, excluding any delivery charges, duties, taxes or other charges or provide the Buyer with replacement Goods (whereupon the company shall have no further liability for a breach of the any of terms or conditions stated herein.

8. Risk and Title

8.1 Risk of damage to or loss of the Goods shall pass to the Client either when the Goods are delivered to the Client or immediately upon collection of the Goods from company's warehouse.
8.2 If the Client wrongfully fails to take delivery of the Goods, risk shall pass to the Client at the time when the Company has tendered delivery of the Goods.
8.3 The Client acknowledges that the company have a re-tention of title to any Goods not paid and that the company will always have the right to enter client’s or other premises to take repossession of such Goods. If Goods have been processed, combined or fixed by the client with Goods of third parties, the retention of title will apply to the pro rata part of the Goods in the resulting products.
8.4 The Company reserves the right to repossess any Goods in which the Company retains legal and beneficial title if full payment is not received in accordance with Clause 4.
8.5 The Client’s right to possession of the Goods in which the Company retains legal and beneficial title shall terminate if:
(a) the Client commits a material breach of its obligations under these Terms and Conditions;
(b) the Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
(c) the Client enters into a voluntary arrangement of the Insolvency or any other scheme or arrangement is made with its creditors; or
(d) the Client convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Client, a notice of intention to appoint an administrator is given by the Client or any of its directors or by a qualifying floating charge holder, a resolution is passed or petition presented to any court for the winding up of the Client or for the granting of an administration order in respect of the Client, or any proceedings are commenced relating to the insolvency or possible insolvency of the Client.

9. Rights, Warranties and Liability

9.1 The Company shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Client for whatever reason.
9.2 The Company shall not be liable for:
(a) for death or personal injury caused to the Client’s or its officer, representatives or employees due to any negligence or defect in the products;
(b) for fraud or fraudulent misrepresentation of the product by the manufacturer.
9.3 In the event of any claim against warranty/product liability, it's the responsibility of the Client to resolve the same with the manufacturer as per the warranty documents or product catalogs.

10. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include but are not limited to: delay in the supply chain, delays in customs clearance, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, act of war, governmental action or any other event that is beyond the control of the party in question.

11. No Waiver

No waiver by the Company of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

12. Severance

In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).

13. Complaints and Jurisdiction

The Company aim to provide a helpful, friendly and professional resolution to all its clients. However, if client do find any cause for complaint, they can get in touch with the company’s representatives and we will do our best to resolve the problem. In the unlikely event of a legal dispute, the parties agree to be governed by the laws of Ireland, and submit to the exclusive jurisdiction of the Irish courts.

Failte Energy Solutions Limited
Western Business Park, Unit 3B
Shannon, Co, Clare, Ireland
Phone +353 (0) 61 475 839

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