Terms & Conditions

Definitions

The headings in these Conditions are for convenience only and will not affect how they are
interpreted.

In these conditions, the words below have the following meanings:

• Additional works’ means any products or services not included in the quotation but agreed by you on foot of our quotation under Section 3.4 below
• ‘Commencement’ means the provisional week of which works will commence.
• ‘Conditions’ means these general conditions.
• ‘Consent’ means your consent for us to supply the works to you at the premises.
• ‘Contract’ means the contract between you and us to which these conditions apply, comprising of the order, the consent and these conditions.
• ‘Deposit’ means the deposit payable by you to us confirming these terms and conditions, before we supply you with the works.
• ‘Order’ means your order for the works at the prices outlined in the quotation.
• ‘Premises’ means the premises identified in the order being the property at which the works are to be supplied.
• ‘Products’ means the products to be supplied by us to you as set out in the order.
• ‘Quotation’ means the document which details the description of and the prices for the products and services.
• ‘Services’ means the services to be supplied by us to you as set out in the order.
• ‘Subcontractor(s)’ means party/parties to which we may subcontract all or part of the services.
• ‘Us’ or ‘We’ means Churchfield Home Services, acting through our Churchfield Home Services business.
• ‘You’ means the person named on the front cover of the quotation on which consent has been given to act upon.
• ‘Works’ means the products and services as set out in the order plus additional works, if any.

Basis of Contract

• Any quotation given by us shall not constitute as an offer and is only valid for a period of 30 days from its last date of issue.
• The order constitutes an offer by you to purchase the works from us in accordance with these conditions. For the order to be valid, you must pay the booking deposit which constitutes as acceptance of our terms of contract and quotation issued.
• The order shall only be deemed to be accepted upon receipt of the deposit at which point, on payment date, the contract shall come into existence.
• Acceptance of the terms of contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the terms & conditions or the quotation. Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an initial conception of the works described. They shall not form part of the contract or any other contract between us and you for the supply of the works.
• These conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
• Please note due to the current unprecedented market inflation, the prices agreed in this quotation are valid for 3 months in order to facilitate the works being completed during this time. If the works cannot be completed within this timeframe due to circumstances outside the control of Churchfield Home Services, we reserve the right to withdraw from our commitment to complete the works for the original agreed quotation and instead will update the quotation in line with market prices at the time. Customers are not bound to agree to any change in price and may chose to cancel their order and request a full reimbursement of all moneys paid towards the cost of the original quotation.

Supply of Works

• We shall supply the works to you in accordance with the agreed scope of works as per your quotation.
• We shall have the right to make any changes to the works which are necessary to comply with any applicable laws and/or safety requirements, or which do not materially affect the nature or quality of the works, and we shall notify you in any such event.
• The works will be supplied in a good and workmanlike manner using all reasonable care and skill.
• If we consider that additional works are required or recommended, we shall advise you as soon as possible and if we are in a position to undertake such additional works, we will provide you with an estimate of the time required to complete such additional works and the associated costs.
• If we discover that there are issues which prevent us from completing the works, we will notify you and you shall have the option to either:
  • End the contract (see Section 6 below); or
  • Suspend the contract until such time as such issues are rectified. If such issues are not rectified within 3 months either party may terminate the contract.

Payment Policies

• You must pay us for all works supplied to you.
• This liability continues until this contract ends (in line with Section 6 below), this applies if you vacate the premises before the works onsite are complete.
• The fees for the works are as outlined in the quotation.
• A booking deposit is required for the confirmation of your order, this is a non – refundable fee. Once we receive payment of this fee, this will constitute that you have read and agreed to these terms of contract in full.
• We charge VAT at the appropriate rate of 13.5%. All prices quoted are inclusive of VAT, except where VAT is expressly stated to be excluded where appropriate.
• You will be invoiced accordingly as the works progress on-site in accordance with the company’s payment policies.

Your warranties & obligations

You warrant that:

• You are the owner of the premises or otherwise have legal authority to enter into the contract; and
• You have obtained and maintained all necessary licences, permissions, SEAI grants, including planning permissions, and consents which may be required before the date on which the works are to start. You are obliged to:
• Ensure that the terms of the order and any information provided in the order is complete and accurate;
• Provide us, our employees, agents, consultants (including quality assurance consultants) and subcontractor(s) with access to the premises for all purposes in connection with the works at all reasonable times and at any time in an emergency;
• Provide us with access to clean water, 220V power and basic toilet facilities, such as, lavatory and hand washing facilities. If this cannot be accommodated it is the responsibility of the customer to supply a serviced mobile toilet for the duration of the works. (Portaloo)
• Provide us with such information as we may reasonably require in order to supply the works and ensure that such information is accurate in all material respects.
• Prepare the premises for the supply of the works.
• Abide by all instructions and advice issued by us or the subcontractor(s) regarding the works including but not limited to, equipment and health and safety.

If the performance of any of our obligations under the contract is prevented or delayed by any
act or omission by you or failure by you to perform any relevant obligation (“Your Default”):

• We shall without limiting our other rights or remedies have the right to suspend supply of the works until you remedy your default, and to rely on your default to relieve us from the performance of any of our obligations to the extent your default prevents or delays our performance of any of our obligations.
• We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as noted above, caused by your default.

Our warranties & obligations

• Our works carry a workmanship warranty specific to the goods and services provided for up to 5 years after the date of installation. In the case of a defective product, this is covered under the manufacturer’s warranty period.

  Scope of works	Workmanship Guarantee	Manufacturer Warranty
  Insulation	5 Years	10 Years
  Wall Insulation	5 Years	10 Years
  External Wall Insulation	5 Years	10 Years
  Plumbing Works	5 Years	varies *
  Boilers	5 Years	dependent on brand. Burners on oil boiler: 2 years
  Internal Wall Insulation	5 Years	10 Years
  Demand Control Ventilation	2 Years	5 Years
  Insulation	5 Years	10 Years
  Solar PV	5 Years	10 Years
  Windows & Doors	5 Years	Wooden windows & doors 10 years on the glazing unit (glass) All other components = 1 year uPVC, Aluminium and Aluclad Windows and Doors 10 years on the glazing unit (glass), sash and frames All other components = 1 year

  *Manufacturer warranty period varies due to the range of products that could potentially be installed as part of plumbing works.
  ‡ BEWHS scheme workmanship guarantee is limited to 2 years.

• We will repair or replace any defective product and/or remedy any defective service free of charge if you notify us during the warranty period. There will be no call-out charge applied in such circumstances.
• Our sole liability, and your sole remedy, in contract, tort, or otherwise, shall be limited to the repair or replacement of defective products and to the remedy of defective services and our liability shall be limited to the value of the contract.
• We will have no liability in respect of unordered works.
• Nothing in these conditions shall limit or exclude our liability for:
  • Death or personal injury caused by our negligence, or the negligence of our employees, agents or Subcontractors;
  • Fraud or fraudulent misrepresentation; or
  • Breach of the terms implied by Section 12 of the Supply of Goods and Supply of Services Act 1980.
• In extreme / very cold weather conditions insulating your loft and pipes may not prevent freezing and the consequences of same.
• Subject to Section 5.5, we will not be liable to you under this Contract in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, including but not limited to loss of revenue, business, contracts, predicted savings or profits.
• As set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
• This Section 5 shall survive termination of the Contract.

Ending the contract

• You may end the Contract by giving us 30 days’ notice. If you end the Contract, you must pay us for any works supplied up until the date on which the Contract is ended as well as any monies that we owe third parties (including subcontractors) in relation to the works.
• We may end the Contract at any time if you are in breach of any of the terms and conditions of the Contract and fail to remedy that breach within 10 days of being requested to do so in writing.
• If the Contract is ended pursuant to Section 6.1 or 6.2, we will be entitled to charge you:
  • the cost to us of all works supplied up to the date the Contract is ended
  • any additional monies we have paid or have committed to pay third parties in connection with the works; and
  • an administration fee of €50. If the sum of these costs is greater than the amount you owe us, the deposit will be used towards these costs and invoice you for the balance. If the deposit is greater than the sum of these costs, we will refund you the difference.
  • before starting the works, we may end the Contract by giving you written notice if, for valid reason, we cannot supply you with the works. In such case, the deposit will be refunded, and no further charges will be made.

Events beyond our control

We will not have to carry out any obligation under the Contract if we are prevented from doing so by any cause beyond our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.

Retention of title

Title of the goods shall remain vested with us and shall not pass to you until the purchase price for works has been paid in full and received by us. Until title to the goods passes, we shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of goods.

• Churchfield Home Services, its agents and employees shall be entitled at any time, and without the need to give notice, enter upon any property upon which the goods, or any part are stored, or upon which we reasonably believe them to be kept.
• You shall store or mark the goods in a manner reasonably satisfactory to us indicating that title to the goods remains our property; and
• You shall ensure the goods to their full replacement value and arrange for us to be noted on the policy of insurance as the loss payee.

Customer Information

• Once you make payment on the booking deposit you are obligated by the terms and conditions of this document and you must adhere to them.
• You agree that we may search the files of certain credit agencies or bureaus when assessing you for credit. The agencies or bureaus concerned may record the search on your file.
• We may use information about you for our own business purposes, processing orders, carrying out credit checks and carrying out market research. We may give your information to subcontractor(s) and our agents who carry out certain business activities required to fulfil the services you have agreed to and to complete our business process (for example, market research and debt collection) on our behalf. Such Subcontractor(s) and agents will only be permitted to use your data as instructed by us. They are also required to keep your data safe, secure and adhere to EU GDPR 2018.
• You should note that we may record phone calls to our customer contact centre for training and quality management purposes.
• Further details on the use & disclosure of personal data by Churchfield Home Services can be found in the Churchfield Home Services Privacy Policy.

General

• Any special conditions or extra time that we allow are limited to the specific circumstances in which they are given and do not affect our rights under the contract in any other way.
• We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract and may subcontract or delegate in any manner any or all of our obligations under the contract to a subcontractor, agent or other
  third party.
• You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
• We will have given you proper notice if we notify you by means of either post or publication in an advertisement. Notice shall be deemed to have been served two days after postage or publication in an advertisement.
• If any competent authority considers that any of the conditions are not valid or cannot be enforced, the other conditions will still apply.
• Both parties must follow all the laws, regulations and orders that apply to them respectively.
• The contract is governed by the laws of Ireland and any dispute will be dealt with in the Irish courts.
• Complaints and notices may be made in writing by hand or by post to:

Customer Care Team,
Churchfield Home Services,
Ballina Road,
Crossmolina,
Co. Mayo
F26 E9A0
or by e-mail to customercare@churchfieldhomeservices.ie

• Notices sent by post are deemed to have been delivered two days after posting.

Statutory Rights

Nothing in these conditions excludes or affects your statutory rights.

Substitution of equal or approved materials

Churchfield reserves the right to substitute materials that form part of an installation with equal or approved materials should it be deemed necessary by the project manager responsible for the coordination and supervision of the project.

Dispute Resolution

In the event a dispute may arise, the matter must be referred to the company’s internal dispute resolution process to seek an amicable outcome that meets the satisfaction of all parties involved.

Service Exclusions

Churchfield Home Services policy is to include, as far as possible, the cost of all works that are required to complete the installation however in some cases where the work is of a specialist nature that is out of the range of the services provided by Churchfield Home Services, we are unable to include the cost of these items including the following:

• ESB relocation of electrical services
• Gas Network Ireland alterations
• Temporary removal and reinstallation of security alarm boxes
• Temporary removal and reinstallation of satellite dishes
• Temporary removal and reinstallation of telephone, broadband & fibre optic cables
• Provision of clean water, 220V power and basic toilet facilities for duration of works

In such cases we will endeavour to assist in the coordination and management of the works as required but cannot be held liable for the cost of any third-party specialist to undertake and complete such works as required to facilitate the installation to take place.