PV Panels Terms & Conditions
Definitions: In these Conditions, the following words shall have the following meanings:
Business Day: a day other than a Saturday, Sunday, bank or public holiday in Ireland;
Buyer: the purchaser of the Goods from the Supplier.
Conditions: the terms and conditions set out in this document.
Contract: the contract between the Supplier and the Buyer for the sale and purchase of the Goods in accordance with these Conditions.
Delivery Point: the location for delivery of the Goods as more particularly described in condition 6.1 and subject always to condition
4.5. Force Majeure Event: as defined in condition 13.1.
Goods: the goods (or any part of them) set out in the Order. Manufacturer: the manufacturer of the relevant Goods. Manufacturer’s Specifications: any description or specification for the Goods included in any catalogues, brochures or other materials published by or on behalf of the Manufacturer.
Order: the Buyer’s order for the Goods, as set out in the online order form submitted by the Buyer, the Buyer’s purchase order form, the Buyer’s written acceptance of the Supplier’s quotation, overleaf, or as otherwise submitted by the Buyer to the Supplier, as the case may be.
Returns Policy: means the Supplier’s returns policy entitled “Go Solars Customer Returns Policy” and which can be accessed on the portal under the documentation section and as may be updated by the Supplier from time to time.
Supplier: PB Electrical Ltd whose registered office is at Unit 3D, Milltown Business Park, Monaghan, Co. Monaghan, Rep of Ireland H18 HN47.
1.2 Construction: In these Conditions, the following rules apply:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
1.2.2 A reference to a party includes its successors or permitted assigns.
1.2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or reenacted.
1.2.4 A phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 1.2.5 A reference to writing or written includes faxes and emails.
2. THE CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions.
2.3 Subject to condition 5 the Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, or, if earlier, delivers the Goods, at which point the Contract shall come into existence. Page 2 of 9
2.4 Any quotation for the Goods provided by the Supplier shall not constitute an offer. Unless otherwise expressly set out therein, a quotation shall only be valid for a period of 30 (thirty) days from the date of issue. Any acceptance by the Buyer of a quotation from the Supplier shall constitute an Order (which is subject to acceptance by the Supplier in accordance with these Conditions).
2.5 Subject to any variation under condition 2.6, the Contract shall be on the terms set out in these Conditions to the exclusion of all other terms and conditions (including any terms and conditions which the Buyer purports to apply by amending these Conditions or otherwise). No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, order confirmation, specification or other document shall form part of the Contract.
2.6 No variation to these Conditions shall have effect unless expressly agreed in writing by the Supplier and the Buyer.
3.1 The quantity and description of the Goods shall be as set out in the Order.
3.2 The Supplier shall have no liability in respect of and does not provide any warranty in relation to the Manufacturer’s Specifications, whether the same have been supplied by the Supplier to the Buyer or not.
4.1 The price payable for the Goods shall, unless otherwise expressly agreed in writing between the Supplier and the Buyer, be the price set out in the Order, or, if no price is set out in the Order, the price set out in any quotation provided by the Supplier to the Buyer which has been accepted by the Buyer within the time period for acceptance as referred to in condition 2.4 (where such a quotation exists), or where no such quotation exists, the price set out in the Supplier’s published list as at the date of submission of the Order by the Buyer.
4.2 Where the price payable for the Goods is determined by the Supplier’s price list and the Supplier identifies an error on such price list (regardless of the cause of such error) then: 4.2.1 where the Supplier identifies the error prior to accepting the Order, it may either reject the Order or advise the Buyer of the correct price in which case the Buyer may either reject the revised price or submit a revised Order at the correct price; or 4.2.2 where the Supplier identifies the error after accepting the Order but before delivering the relevant Goods then it may either (i) immediately cancel the Order by giving the Buyer written notice of such cancellation and refund any sums already paid for such Goods or (ii) inform the Buyer of the correct price in which case the Buyer may either proceed with the Order at the correct price (and immediately pay any shortfall where it has already made a payment for the Goods to the bank account nominated by the Supplier from time to time) or cancel the Order and receive a refund for sums already paid for the relevant Goods; or 4.2.3 where the Supplier identifies the error after accepting the Order and after delivery of the relevant Goods then either (i) the Supplier may cancel the Order, refund any sums previously paid by the Buyer in respect of the relevant Goods and require the Goods to be returned to it by the Buyer at the Buyer’s cost or (ii) inform the Buyer of the correct price in which case the Buyer may either cancel the Order and return the Goods to the Supplier at the Buyer’s cost and be entitled to a refund of any sums already paid for such Goods or pay any shortfall in the relevant price immediately to the Supplier to the bank account nominated by the Supplier from time to time.
4.3 Any refunds due pursuant to condition 4.2 shall be made by the later of (i) 28 (twenty eight) days of the date of cancellation of the relevant order pursuant to that condition and (ii) 28 (twenty eight) days from the date of receipt by the Supplier of Goods returned by the Buyer (where applicable) in each case to the bank account nominated by the Buyer in writing from time to time. Where no such bank account has been nominated by the Buyer at the date of cancellation of the relevant Order then the time period for making the refund will be extended by the number of days after the relevant cancellation that the Buyer notifies the Supplier of the bank account to which it requires the refund to be paid.
4.4 Where the Buyer is required to return any Goods to the Supplier pursuant to condition 4.2.3 then it shall do so as soon as reasonably possible following a request from the Supplier and in any event within 5 (five) Business Days of such request to the location nominated by the Supplier. All applicable Goods will remain at the Buyer’s risk until received by the Supplier at the location specified by the Supplier.
4.5 The price of the Goods is exclusive of all taxes (including without limitation value added tax), duties and levies (or local equivalents), which shall be payable by the Buyer, subject to receipt of an invoice, at the applicable rates.
4.6 The price of the Goods is exclusive of the costs of carriage and insurance to the Delivery Point, which shall be payable by the Buyer and the Buyer shall be responsible for off-loading the Goods at the Delivery Point.
4.7 Unless otherwise expressly agreed in writing by the Supplier, the Delivery Point shall be within the Republic of Ireland. If it is agreed that the Delivery Point is to be outside the Rep of Ireland, the Buyer shall pay to the Supplier the taxes, duties and levies referred to in condition 4.5 within 14 (fourteen) days of the date of the relevant invoice in respect of the same, or in accordance with the credit period assigned to the Buyer from time to time, whichever period is the shorter.
4.8 The Supplier may invoice the Buyer for the Goods and any costs in respect of carriage and / or Page 3 of 9 insurance payable by the Buyer on or at any time following acceptance of the Buyer’s Order for the Goods.