Table Of Contents:
- BACKGROUND
- DEFINITIONS
- OUR CONTRACT WITH YOU
- YOUR RIGHTS TO MAKE CHANGES
- CUSTOMER REPRESENTATIVE
- CUSTOMER OBLIGATIONS
- PERFORMING THE WORKS
- 8.OUR RIGHTS TO MAKE CHANGES
- YOUR RIGHTS TO END THE CONTRACT
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- 11. OUR RIGHTS TO END THE CONTRACT
- IF THERE IS A PROBLEM WITH THE WORKS
- PRICE AND PAYMENT
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- DESIGN DOCUMENTS AND INTELLECTUAL PROPERTY RIGHTS
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
THIS CONTRACT IS BETWEEN:
The Customer (also referred to as “you” below) whose details are set out in the Contract Particulars;
AND
HAS Integration (also referred to as “us” below) HAS Integration, 37 Glenrock Business Park, Bothar Na Mine,
Galway H91 HW18
1. BACKGROUND
1.1 WHO WE ARE
HAS Integration supports people in the workplace and at home who want reliable, high quality smart technology solutions to enhance their work and home environment. We provide an extensive range of Smart Technology solutions and a fully integrated service. From boardroom design, automated appliance features, heating, cooling and Wi-Fi lighting control, right through to home security.
We design and install lighting, seating, audio visuals, seamless control panels, flawless electronic infrastructures and anything in between. We take care of the technicalities; you sit back and enjoy the results.
2. DEFINITIONS
“This contract” means the contract consisting of the terms set out herein, the Contract Particulars, the Quotation, the positional and schematic drawings (detailing number and location of equipment to be installed), the detailed specification (describing performance and function criteria for the equipment) and such additional, supplementary and amended documentation as the parties may agree in writing.
“Customer Representative” – is the third party/person(s) appointed by you to administer this contract, supervise the Works, issue instructions and take decisions on your behalf. Whether a third-party Customer Representative is appointed by you, and the identity of the Customer Representative, shall be set out in the Quotation and/ or other correspondence between us.
“Contract Particulars” – form part of the contract and set out certain Customer specific details for this contract, it is intended to be read in conjunction with the other documents set out herein.
“Contract Price” – shall be the total amount payable by the Customer for the Works as set out in the Quotation exclusive of VAT, which shall be stated in the Quotation separately and in accordance with clause 13.
“Deliverables” shall be all of the hardware, software and services supplied in connection with the Works.
“Site” – The Customer’s premises where the Works will be completed, the same as identified in the Contract Particulars. “Quotation” – The document provided by HAS Integration to the Customer setting out itemised details of the Works, including the specification of goods to be delivered, extent of services to be fulfilled, timing of installation and completion of the Works, any requirements or specifications to be satisfied by the Customer
and the Contract Price. The agreed Quotation shall be the latest form of quotation detailing the Works and Contract Price proposed by HAS Integration and accepted by the Customer (subject to any subsequent amendments or adjustments agreed by the Parties in writing).
“Works” – Shall consist of services and deliverables as are set out in the final accepted Quotation and to be performed and delivered by HAS Integration and at the request of the Customer.
3. OUR CONTRACT WITH YOU
3.1 HOW WE WILL ACCEPT YOUR ORDER
Your signature/e-signature of the Contract Particulars, or email confirmation that you wish to go ahead on the basis of the Contract Particulars, is a binding offer by you to enter into this contract. Our acceptance of your offer to contract will take place when we sign/e-sign the Contract Particulars and send them to you, or otherwise communicate our acceptance to you (by email or by the commencement of works under the contract), at which point a contract will come into existence between you and us on the basis of these terms.
3.2 IF WE CANNOT ACCEPT YOUR ORDER
If we are unable to accept your order, we will inform you of this in writing and will not charge you. Please note that any design work we have completed in anticipation of the Works will not be deliverable to you unless you have paid us for that Work. There are a number of reasons why we may refuse your order. Some of these may include technical and safety issues or shortage of relevant deliverables.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the agreed Works or other aspects of the agreed Quotation, please contact us immediately. If the change is possible, we will inform you of any changes to the Contract Price in the form of a Change Request Form. This form will include the timing of supply or anything else which will change as a result of your request and ask you to confirm whether you wish to go ahead with the changes in writing by signing and
returning to our Project Team. We reserve the right to refuse changes to the original agreed works.
5. CUSTOMERS REPRESENTATIVE
5.1 AUTHORITY OF CUSTOMERS REPRESENTATIVE
Where you have appointed a Customer Representative, we understand (and you warrant to us) that the Customer Representative will be acting as your agent with authority to agree a binding contract between HAS Integration and you (as principal). We will take instructions from the Customer Representative as if they were given by you. We shall not contact you to discuss changes requested by the Customer Representative, even where these result in other aspects of our Quotation and/or Contract Price being amended.
5.2 YOUR RESPONSIBILITY TO KEEP US UPDATED ABOUT THE CUSTOMER REPRESENTATIVE
It is your responsibility to inform us in writing immediately if you change your Customer Representative or if you wish to withdraw the Customer Representative’s authority to agree contracts and contractual variations on your behalf. We will not accept any responsibility for any instructions given by the Customer Representative which are not given by lawful authority of you and you will remain liable to pay for any works carried out upon the instructions of your nominated Customer Representative.
5.3 CUSTOMER REPRESENTATIVE CAN AGREE INCREASE IN PRICE ON YOUR BEHALF
Where you have a Customer Representative, we are entitled to rely on all instructions given by the Customer
Representative and you agree that you accept and will make payment in respect of any changes to the Contract Price, timing or other aspects of the Quotation which arise from or as a consequence of our compliance with the Customer Representatives instructions to us.
5.4 WE WILL NOT BE ACTING AS CUSTOMER REPRESENTATIVE
Where you have not appointed a Customer Representative, you shall fulfil the role of Customer Representative for the purposes of this contract yourself. Unless specifically agreed In writing signed by both parties, HAS Integration shall not act as your Customer Representative for the Property.
6. CUSTOMER OBLIGATIONS
6.1 OBLIGATION TO COOPERATE WITH US AND PROVIDE
ACCESS
You acknowledge and agree that our performance of the Works is dependent on the collaboration and cooperation of all parties involved, and that we cannot perform the Works in accordance with this contract unless you and your other contact (including the Customer Representative) cooperate with us and provide us with timely and sufficient access to the Site both before and during the Works period and during the Snagging
Period (as stipulated in the Contract Particulars). If any facilities or special requirements are stipulated in the Quotation or Contract Particulars to be provided by you, you will provide the same free of charge in accordance with the details set out in the Quotation and/or Contract Particulars and shall not withdraw such facilities whilst we are carrying out the Works.
6.2 DISPUTED CHANGES
If any change is requested by you or your Customer Representative and agreement cannot be reached as to the
effect on the timing or Contract Price or if any other dispute arises which may affect the timing or cost of completion of the Works, we both agree to refer the matter for determination in accordance with clause 17.9
6.3 YOU MUST INFORM US OF CHANGES TO THE SITE
It is your responsibility to inform us and keep us informed of any issues with the Site, including any matters which might affect our design, plans, timing, costs or delivery of the Works.
6.4 YOU ARE RESPONSIBLE FOR PROVIDING A SAFE WORKING ENVIRONMENT
It is also your responsibility and that of your other contractors to ensure that the Property is suitable for performance of the Works in accordance with the dates set out in the Quotation and that the Site is a safe environment for our performance of the Works. You and your contractors must ensure compliance with all health and safety regulations at the site, and provide us with a safe working environment throughout our fulfilment of the Works.
6.5 YOU MUST ARRANGE UTILITIES AND INTERNET CONNECTIVITY
Unless set out otherwise in the Quotation, you are responsible for arranging all utilities and other services (including for example telephone, internet and television connections and contracts) required for delivery and enjoyment of the Works. We do not accept any responsibility for insufficient internet connection, building layouts that interfere with WIFI, local broadband deficiencies or service interruption which may affect the
performance of the Works once completed and/or the functioning of the deliverables.
6.6 WE ARE NOT RESPONSIBLE FOR UTILITIES FAILURES OR LACK OF CONNECTIVITY NOT CAUSED BY US
Regardless of whether we assist in engagement or not, we are not responsible for any delay in performance or completion of the Works arising from the failure of yourself or any such utilities or other services, and we shall be allowed a reasonable extension of time and/or increase in the Contract Price where the same arises from any such failures or delays in utilities and other services whether caused by you or by the third-party provider.
6.7 WE ARE RESPONSIBLE FOR OUR WORKS ONLY
You acknowledge and agree that the extent of our responsibility is limited to the Works. We do not have any control over any other aspects of the Site or design of other works at the Site, which will remain your responsibility and/or the responsibility of your Customer Representative.
6.8 YOU ARE RESPONSIBLE FOR OBTAINING APPROVALS
You will obtain all approvals, planning permissions, consents and licences as may be required for completion of the Works and for compliance with all applicable laws and regulations. Examples of matters for which you are responsible include obtaining and paying for any Building Regulations approvals, party wall consents and planning permissions. You will ensure that both you and the Customer Representative act in compliance with all applicable laws and regulations at all times, and that the Site is kept in accordance with all applicable laws and regulations at all times.
6.9 YOU MUST SATISFY ANY NOTIFIED REQUIREMENTS/SPECIFICATIONS
It is your responsibility to ensure that all requirements and specifications set out in the Quotation as being your
responsibility have been satisfied by you or on your behalf. Failure to satisfy such requirements may have an adverse impact on our ability to perform the Works and/or on the functioning of the deliverables. We will not be responsible for any issues which arise from, or relate to, your failure to satisfy the requirements and specifications notified to you.
6.10 YOU MUST USE EQUIPMENT IN ACCORDANCE WITH OUR INSTRUCTIONS AND THOSE OF THE EQUIPMENT MANUFACTURER
You must only use, store and handle equipment and other deliverables in accordance with our advice/recommendations and the manufacturer’s instructions. Where you or someone else has caused damage or defects through use, storage or handling otherwise than in accordance with ours or the manufacturer’s instructions, or if you have engaged a third party to carry out maintenance or repair work on any aspect of
the Works, we will not be liable for the same and any remedial work will be charged to you in full.
6.11 YOU MUST MAINTAIN ALL THIRD-PARTY LICENCES
Some of your equipment/other deliverables may be dependent on third party software. Such software may be subject to ongoing license conditions. It is your responsibility to maintain, comply with and pay for all such third-party software license arrangements, and ensure timely renewal and payment of the license fees. Failure to do so may result in inability to use or maintain deliverables and loss of functionality. Any assistance we
provide which arises from this cause will be chargeable in accordance with our then applicable day rates.
6.12 YOU MUST MAINTAIN ALL APPROPRIATE INSURANCE COVERAGE
You will be responsible for and shall obtain and maintain insurance coverage in an appropriate amount (at least equal to the full replacement value) with a reputable insurer (including against theft and damage) for all deliverables delivered to the Site as part of the Works from the moment such deliverables arrive at the Site. You will be responsible for and also obtain and maintain all risks insurance coverage (including to cover damage
to the Works, deliverables and our equipment, damage to existing structures and fixtures and damage to neighbouring structures caused by the nature of the Works) in an appropriate amount from a reputable insurer throughout the duration of our performance of the Works at the Site. Any loss or damage we cause but which you should have insured against will not be recoverable from us.
7. PERFORMING THE WORKS
7.1 WHEN AND HOW WE WILL PERFORM THE WORKS
7.1.1 START DATE
We will begin the Works on or around the date set out in the Contract Particulars.
7.1.2 SAFE WORKING
We will ensure we perform the Works in accordance with health and safety legislation and reasonable instructions of which we are made aware in reasonable time.
7.1.3 SATISFACTORY PERFORMANCE
We will perform the Works with reasonable skill and care and in material accordance with the specifications given in the agreed Quotation.
7.1.4 WHAT MIGHT AFFECT THE COMPLETION DATE
Issues which can affect the completion date after it has been agreed are as mentioned in these terms and in the Quotation. These include matters such as material changes to the Site, lack of cooperation by you or your contractors, lack of access to the Site or other issues with the Site, whether caused by you, the Customer Representative or any of your other contractors (including utilities providers) or which otherwise arise as a result of issues outside our control. Where such matters arise we will be entitled to a fair increase in time to complete the Works without any penalty or reduction in the Contract Price, and we may charge you for reasonable and consequential increases in the Contract Price.
7.2 WE ARE NOT RESPONSIBLE FOR FORCE MAJEURE EVENTS
If our performance of the Works is delayed by an event outside our control and yours (a force majeure event) then we will contact you as soon as possible to let you know. We will take steps to minimize the effect of this delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, we may agree to end the contract.
7.3 SERVICES
We will maintain insurance in an appropriate amount with a reputable insurer for the following types of cover:
7.3.1 Professional indemnity insurance where we are performing design services as part of the Works;
7.3.2 Contract works insurance;
7.3.3 Public and products liability insurance;
7.3.4 Employers liability insurance;
7.3.5 If you require confirmation of the levels of insurance cover we hold or to view a copy of our current insurance certificate please let us know.
7.4 IF YOU DO NOT ALLOW US ACCESS TO PERFORM THE WORKS
If you (or anyone acting on your behalf) do not allow us access to the Site to perform the Works as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us, including storage costs, wasted time and re-performance time, as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Site we may end the contract and clause 11.2 will apply.
7.5 WHEN YOU BECOME RESPONSIBLE FOR THE DELIVERABLES
All deliverables will be your responsibility from the time we deliver the deliverable to the Site.
7.6 WHEN YOU OWN DELIVERABLES
You own the deliverables once we have received payment of the Contract Price in full. Until such time as the Works and Deliverbles have been paid for in full to include any interest due, the ownership of all materials, goods, devices and apparatus(“items”) installed or on the Site awaiting installation and as delivered by us or our agents shall remain the property of and in the full ownership of HAS and title will not pass to the Customer or any of their agents and is hereby agreed that the Customer shall hold such items as the bailee for HAS. HAS
retains the right to repossess all such items to which it retains title if full payment is not received by the due dates, and the Customer hereby grants to HAS its successors, agents, nominees and employees permission and an irrevocable licence at any time to enter into any premises where the goods are or may be stored in order to inspect and recover same.
7.7 WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION TO US
We may need certain information from you so that we can supply the deliverables to you, for example detailed architect’s drawings for the Site, confirmation of specifications and access to the Site and other areas. If so, this will have been notified to you in advance of the requirement arising. We will contact you or your Customer Representative in writing to ask for this information. If you do not give us this information within
7.8 REASONS WE MAY SUSPEND THE WORKS
We may have to suspend or delay the Works to:
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the Works to reflect changes in relevant laws and regulatory requirements;
7.8.3 make changes to the Works as requested by you or notified by us to you (see clause 10).
7.9 WE MAY ALSO SUSPEND THE WORKS DUE TO FAILURE OF PAYMENT
If you do not pay us for the Works when you are supposed to (see clause 13.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend the Works until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the Works. We will not suspend the Works where you dispute in good faith the unpaid invoice (see clause 13.6). As well as suspending the Works we can also charge you interest on your overdue payments (see clause 13.5) and will be entitled to an extension of time to complete the Works in order to take account of the suspension caused by your delayed payment. For the avoidance of doubt, you will not be entitled to end the contract for the Works in these circumstances.
7.10 YOUR RIGHTS IF WE SUSPEND THE WORKS
We will contact you or your Customer Representative in advance to tell you we will be suspending the Works, unless the problem is urgent or an emergency. If we have to suspend the Works for a significant time and the suspension is caused entirely as a result of our default, we will adjust the Contract Price accordingly based
upon a fair and reasonable assessment of the losses you may have incurred as a direct and foreseeable result of the suspension caused by us for a significant period of time.
For example, if our suspension of the Works (as a result of our default) has meant that you have had to pay more for our deliverables (i.e.; the price of our deliverables has increased during the time of our suspension) or if you have been obliged to pay a contractor an additional reasonable and justifiable sum as a direct result of our suspension in default, we may then adjust the Contract Price to take account of such direct costs incurred
by you. This can only occur if the same has arisen directly and foreseeably as a result of our default and significant suspension of the Works and you could not reasonably have mitigated against the same. We will not under any circumstances cover any indirect or unforeseeable losses, nor any: loss of profits, loss of savings or anticipated savings. You may contact us to end the contract for the Works if we suspend them due entirely to our default and there is no prospect of our completing the Works because of our default, in such circumstances you agree to pay to us the sum equal to the Works completed and products delivered on a time and materials basis. We will also refund any sums you have paid in advance for the Works in respect of the period after you end the contract. If we have to suspend the Works due to a default by you or one of your contractors (including your Customer Representative), you will still have to pay the Contract Price and allow us extra time to complete the Works.
8.OUR RIGHTS TO MAKE CHANGES
8.1 MINOR CHANGES TO THE WORKS
We may change the Works:
8.1.1 To reflect changes in relevant laws and regulatory requirements e.g., revised building regulations 8.1.2 To implement minor technical adjustments and improvements, for example to address a security threat or minor
change in the available technology. These changes may potentially have a minor impact on the location and/or functioning of certain aspects of the Works or timing for performance, but we will let you know what changes are necessary in advance of performing the amended Works a reasonable time of us asking for it, or if you give us
incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the deliverables late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.2 MAJOR CHANGES TO THE WORKS AND THESE TERMS
We may make the following more significant changes to these terms or the Works, but if we do so we will notify you or your Customer Representative of the changes to the Quotation and the Contract Price:
8.2.1 Changes to take account of aspects of the Site which could not be identified in our Site visits, for example, issues of hidden or concealed by fixtures, fittings or the fabric of the Site or changes in the build or plans of the Site;
8.2.2 Changes to take account of aspects of the Site which have arisen after the initial Site visits by HAS Integration, for example; where work designed and/or conducted by other contractors at the Site has an effect on how and when we can conduct the Works or necessitates a change in our design or other aspect of the Works;
8.2.3 Other changes which amount to you changing the scope of the Works from that agreed in the Quotation.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 HOW TO END YOUR CONTRACT WITH US
Your rights when you end the contract will depend on whether you are contracting with us as a consumer or a business user, what you have ordered/ bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
9.1.1 If we are in material breach of this contract, for example the Works are materially different from the agreed Quotation and/or are materially defective and we cannot remedy the defect, see clause 14;
9.2 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of various aspects of the Contract. These include; customized deliverables, services already commenced, sealed or boxed equipment, mixed deliverables and built in deliverables. 9.3 If you are contracting as a consumer, how long do you have to change your mind? How long you have will depend on what you have ordered and how it is delivered.
9.3.1 If you are an individual consumer and have you bought services (for example, our design services or installation services)? If so, you have 14 days after the day we contact you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the services, you must pay us for the Works provided up
until the time you tell us that you have changed your mind.
9.3.2 If you are an individual consumer and have bought deliverables (for example, hardware, software, wiring, control devices)? If so you have 14 days after the day you (or us on your behalf) receive the deliverables, unless the deliverables have been installed/become part of the built-in Works or are customized for you, or the other matters set out in Clause 9.2. If so you do not have a right to cancel unless the deliverables are materially faulty or the services were performed in a materially incorrect way. Where the installed/built-in deliverables or
services are faulty or incorrect we will repair or replace the deliverables and re-perform the affected services as necessary.
9.4 Our right to payment if you end the contract. Except where the contract ends because of our material breach. If the contract ends, we will be entitled to retain/receive payment on a time and materials basis for all design work and all other deliverables and services delivered and/or performed prior to the date of the contract ending. Where the changes we propose arise from a failure to inform or a change made by you or your other contractors, you shall also make a fair payment to us to take account of our loss of opportunity to perform the Works in
accordance with the Quotation.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 TELL US WHY YOU WANT TO END THE CONTRACT
To end the contract with us in accordance with the above provisions, please let us know why you want to do so by writing to us at the following address
10.1.1 By post. Write to us at HAS Integration, 37 Glenrock Business Park, Bothar Na Mine, Galway H91 HW18 including full details of the Site and Quotation. Please provide your name address, details of the order and,
where available, your phone number and email address.We will revert to you within 7 working days as to whether the notice is a valid termination of services. In the first instance we will work with you to resolve any issues and discuss why you wisht to terminate. If the matter is not capable of resolution we will mutually agree to terminate subject to the terms and conditions of the Contract as defined herein.
10.2 RETURNING DELIVERABLES AFTER ENDING THE CONTRACT
If you end the contract for any reason after deliverables have been dispatched to you or you have received them, you must return them to us. You must allow us to collect the cancelled deliverables from you. Please speak to us when we are on Site or call the office on +353(0)91 449920 or email us at office@hasgroup.ie to arrange a collection. If you are exercising your right to change your mind you must allow us to collect the deliverables within 14 days of telling us you wish to end the contract.
10.3 WHAT WE CHARGE FOR COLLECTION
If you are responsible for the costs of return (in all cases except where you are returning goods which are faulty) and we are collecting the deliverable from you, we will charge you the direct cost to us of collection.
11. OUR RIGHTS TO END THE CONTRACT
11.1 WE MAY END THE CONTRACT IF YOU BREAK IT
We may end the contract for a deliverable or service in full or in part at any time by writing to you if:
11.1.1 You do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
11.1.2 You do not, within a reasonable time, provide us with information that is necessary for us to provide the deliverables;
11.1.3 You do not, within a reasonable time, allow us to deliver the deliverables or services to the Property;
11.1.4 You do not, within a reasonable time, allow us access to your premises to supply the services.
11.2 YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT
If we end the contract in the situations set out in clause 13.1, we will refund any money you have paid in advance for deliverables we have not provided but, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
12. IF THERE IS A PROBLEM WITH THE WORKS 12.1 HOW TO TELL US ABOUT PROBLEMS
If you have any questions or complaints about any aspect of the Works or the Deliverables please contact us as soon as possible. You can speak to us on Site, telephone our office on +353(0)91 449920 or email us at office@hasgroup.ie.
12.2 SUMMARY OF YOUR LEGAL RIGHTS
We will abide by all statutory obligations to you whether arising under consumer protection legislation, or commercial contracts legislation.
13. PRICE AND PAYMENT
13.1 WHERE TO FIND THE PRICE FOR THE WORKS
The total price for the Works will be the price indicated in the final agreed Quotation. The Quotation will provide information on the VAT exclusive figure and the VAT payable. We take all reasonable care to ensure that all the prices advised to you are correct.
13.2 YOU WILL ALWAYS BE RESPONSIBLE FOR PAYMENT OF VAT ON THE WORKS
The amount of VAT to be charged in respect of the transaction will be set out on our quotation. Kindly note that the VAT rate may change between the date of the quotation and the date of the issue of the invoice, and you will be responsible for the VAT as at the date of invoice issue.
13.3 WE WILL PASS ON CHANGES IN THE RATE OF VAT
If the rate of VAT changes between your order date and the date we supply the Works, we will adjust the rate of VAT that you pay, unless you have already paid for the deliverable in full before the change in the rate of VAT takes effect.
13.4 WHEN YOU MUST PAY AND HOW YOU MUST PAY
These details will be set out in the Quotation and or the Contract Particulars.
13.5 WE CAN CHARGE INTEREST IF YOU PAY LATE
If you do not make any payment to us by the due date, including payment of VAT, we may charge interest to you on the overdue amount at the rate of 6%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You mustpay us interest together with any overdue amount.
13.6 WHAT TO DO IF YOU THINK AN INVOICE IS WRONG
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 WHEN WE ARE LIABLE FOR DAMAGE TO YOUR PROPERTY
We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services or which are caused by your other contractors.
14.2 WE ARE NOT LIABLE FOR BUSINESS LOSSES
We will have no liability to you for any loss of profit, loss of business, consequential loss, liquidated damages, business interruption, or loss of business opportunity or any purely economic loss whatsoever, whether freseeable or not.
14.3 LIMITATION OF LIABILITY
Unless set out otherwise above or in applicable legislation, we limit our liability to you under this contract to the price paid for the Works.
15. DESIGN DOCUMENTS AND INTELLECTUAL PROPERTY RIGHTS
For designs, we will always submit the designs to you prior to commencing the Works. Where we have designed the works, we will retain all intellectual property rights in our designs but grant you an irrevocable license to use the design for enjoyment of the Works and related purposes provided that you have paid the correct price set out in the Quotation for the design work and documents.
16.HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 HOW WE WILL USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us:
16.1.1 To execute our contract with you;
16.1.2 To process your payments;
16.1.3 To order third party services and deliverables which you have requested we obtain as part of the Works (for example, order and installation for broadband); and
16.1.4 To give you information about similar deliverables that we provide, but you may stop receiving this at any time by contacting us.
16.2 WE MAY PASS YOUR PERSONAL INFORMATION TO CREDIT REFERENCE AGENCIES
16.3 WE WILL ONLY GIVE YOUR PERSONAL INFORMATION TO THIRD PARTIES WHERE THE LAW EITHER REQUIRES OR ALLOWS US TO DO SO OR WHERE THE TERMS OF OUR CONTRACT REQUIRE DISCLOSURE OF YOUR PERSONAL DETAILS TO A THIRD PARTY
For example, if your Quotation includes our assistance in establishing utilities or obtaining other third-party services as part of the Services and/or where you have requested that we share your details and you have consented to the same in writing.
16.4 Our Privacy policy can be found on our website. You can follow the link below to view this.
17. OTHER IMPORTANT TERMS
17.1 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the deliverables, we can still require you to make the payment at a later date.
17.9 DISPUTE RESOLUTION
All disputes arising under these terms and conditions shall be governed by Irish law and will be within the jurisdiction of the Irish courts. Other than a matter involving monies due and owing by the Customer to HAS as a simple contract debt then the following escalated dispute resolution process shall apply; The parties shall initially seek to resolve the dispute amicably through good-faith negotiations. Should the parties fail to reach a
resolution within 30 days from the commencement of negotiations, either party may initiate mediation by serving written notice to the other party and the mediator shall be appointed by mutual agreement and who shall adhere to the provisions of the Mediation Act 2017. In the event that mediation fails to resolve the dispute, either
party shall be free to instigate in which case the jurisdiction of the Irish Courts shall prevail.