Terms & Conditions

HEAT PUMP SERVICE AGREEMENT (this “Agreement”)

BY ORDERING COMPLETE HEAT PUMP SERVICE YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THESE AND ALL OTHER TERMS OF THIS AGREEMENT CAREFULLY.

1. COMPLETE HEAT PUMP SERVICE

1.1. Complete Heat Pump Service includes a Heat Pump Service and a Heat Pump Safety Check (as described in clause 2 below) for each Contract Year.  During the term of this Agreement. If a Heat Pump Service or Heat Pump Safety Check identifies that a part or additional labour is required to repair the Installation, this is not covered by Heat Pump Service and will be quoted for separately.

1.2. The price of the Heat Pump Service (as set-out on our website from time to time or as notified to you in the annual notification reminding you of your annual Heat Pump Service Visit) is for Installations that do not exceed 25kW output. Heat Pump Service does not include any of the exclusions referred to in clause 9.

2. SCOPE OF COMPLETE HEAT PUMP SERVICE

2.1. Heat Pump Service

The service engineer will complete a service report based on their inspections. The service and visual inspections on the Installation will be carried out in accordance with the manufacturer’s instructions, where available, including the following tests and checks where applicable: –

Indoor Unit Checks

1. General Condition, Noise & Vibration;
2. Check Interface for Faults;
3. Isolate, check and clean filter/Magnaclean on hydrobox;
4. Check backup heater operation & record running current;
5. Check / Recharge heating Expansion Vessel;
6. Check Heating Safety Valve;
7. Check DHW Safety Valve;
8. Check DHW Expansion Vessel;
9. Check & Record Energy Data
10. Check Bypass & adjust if required (12L,Single Fan. 15L Twin);
11. Check / Recharge Water Pressure (1.2Bar);

Outdoor Unit Checks

1. General Condition, Noise & Vibration;
2. Check Isolator and electrical connections;
3. Check Supply Voltage;
4. Check Compressor Running Current;
5. Check Operation of Crankcase Heater;
6. Check Fan Motor Running Current;

2.2. Heat Pump Safety Check

During a Heat Pump Service Visit, a service engineer will check the integrity of the Installation in accordance with the manufacturer’s instructions.

3. TERM OF THIS AGREEMENT AND TERMINATION

3.1. Term: This Agreement will continue in force from year to year from the date on which this Agreement comes into effect in unless you terminate it by giving us notice in accordance with clause 3.6, or we may terminate it by giving you notice in accordance with clause 3.9 or 3.10. Upon termination of this Agreement, P Fay Maintenance will have no further obligations to you in respect of the Installation or otherwise under the terms of this Agreement.

The Repair Visit will be conducted during normal working hours (8am to 5pm Monday to Friday, excluding bank holidays and public holidays in Ireland), unless otherwise agreed.

3.3. Your Responsibilities: It is your responsibility to:

(a) ensure safe access to your Property, which includes providing safe and full access to the Installation this will include circumstances where we determine that the Installation is inaccessible, due to the enclosure or compartment in which it is located, so as to not impede the service engineer from commencing or continuing with the Heat Pump Service Visit;

(b) provide the service engineer with the necessary access to the Property at the time of our appointment(s) to carry out the Heat Pump Service Visit;

(c) ensure that no Health and Safety issue exists which would mean it would be inappropriate, unsafe or otherwise unsuitable for the Heat Pump Service Visit to commence or continue; and

(d) ensure there is electricity to allow the Heat Pump Service Visit to be completed.

In circumstances where we are not in a position to proceed with a Heat Pump Service Visit due to (a) (b) (c) or (d) above, we will inform you of this and you will be deemed to have cancelled your appointment and full payment is nonrefundable.  It is your responsibility to arrange another appointment.

It is also your responsibility to take care in or around areas where work is taking place during a Heat Pump Service Visit and to ensure that any children or animals in the Property are kept away from any area where work is being carried out or equipment is being stored and all areas in between.

3.4. Cooling-off Period: You may cancel this Agreement within fourteen (14) working days of receiving these Terms and Conditions

3.5. Annual Notification: We will send you a text message/email of notification annually, prior to the Annual Service Date, to arrange a time for a Heat Pump Service Visit. We may increase the charges for Complete Heat Pump Service from time to time, provided that notice of the new charge rate is included in the notification reminding you of your annual Heat Pump Service Visit.

3.7. Your Rights to Termination this Agreement: If you no longer wish to have your Installation serviced after the initial term (the yearly anniversary of the date of the commencement of this Agreement),

(a) by electronic mail to pfaymaintenance@gmail.com or by visiting our website at www.pfaymaintenance.com

but in either case, prior to the earlier of:

(a) the Annual Service Date; or

(b) within fourteen (14) days after the date of the notification reminding you of your annual Heat Pump Service Visit.

3.9. Our Rights to Terminate this Agreement: We shall be entitled to terminate this Agreement at any time by giving you notice if:

(a) you fail to book a Heat Pump Services Visit within 14 days following the Annual Renewal Notice;

(b) you default in making any payment due to us;

(c) in the opinion of a service engineer, there is a Health and Safety Issue (which will be reported to you where relevant) that means it is inappropriate, unsafe or otherwise unsuitable for this Agreement to continue or commence;

(d) in the opinion of a service engineer, your Installation can no longer be maintained in good working order by the provision of replacement spare parts or your Installation is damaged beyond economic repair otherwise than through default of P Fay Maintenance or

(e) where we have been unable to carry out a Heat Pump Service Agreement due to a failure to satisfy any one of the requirements in 3.3 (a) – (d).

3.10. We shall otherwise be entitled to terminate this Agreement at any time without reason by giving you seven (7) days’ notice.

3.11. Upon termination of this Agreement, P Fay Maintenance will have no further obligations to you in respect of the Installation or otherwise under the terms of this Agreement.

4. PRICE PAYABLE BY YOU

4.1. Price of Complete Heat Pump Service: Subject to clauses 4.2, 4.3 and 4.4 below, the annual amount payable by you.

4.2. Price of Other Work: The cost of work outside of the scope set out in clause 2, including additional inspections, repairs and the replacement of any parts/components will be charged to you separately and will not be included in the price of Complete Heat Pump Service. Installations that have not been serviced on a regular basis and/or are in a poor condition may also need additional work and time.

4.3. Where possible, the service engineer will advise you of any required labour outside the scope in clause 2 and will provide you with an estimate of the costs for this required labour. The service engineer will only then proceed with labour outside the scope of this Agreement upon your agreement. We will charge you for any additional required labour outside the scope of set out in Clause 2. The price of Complete Heat Pump Service and all other prices quoted to you are inclusive of VAT at the applicable rate from time to time.

4.4. Complete Heat Pump Service does not apply to any of the matters described in clause 9. If P Fay Maintenance reasonably determines that any defect or malfunction in respect of the Installation was the result of matters referred to in clause 9, you must separately pay others in full for all labour costs at the applicable rates, in respect of work undertaken to address such a defect or malfunction.

5. PAYMENT TERMS

5.1. Complete Heat Pump Service must be paid for using credit or debit card. We will ask for your payment details when you book your initial Heat Pump Service Visit.

5.2. Where additional work is required under clause 4.2, this will submitted in a separate invoice specifying the accepted payment methods.

6. PROVISION OF SPARE PARTS

6.1. The service engineer may, during the Heat Pump Service Visit, identify a part/component failure or potential failure. The service engineer will advise you of the cost to supply and fit any replacement any parts/components.

6.3. We will not be responsible for any delay in the provision, or unavailability, of spare parts by suppliers or manufacturers or incorrect parts supplied by the supplier or manufacturer.

6.5. For the avoidance of doubt, we will not fit replacement parts/components not supplied by us.

7. WARRANTY FOR WORK CARRIED OUT UNDER THIS AGREEMENT

7.1. With regard to the supply of any replacement parts/components and of any other materials supplied as part of the Heat Pump Service, we warrant that at the time of installation the replacement parts/components (as the case may be) and any other such materials will be of merchantable quality, and will be fit for the purpose for which they are supplied (within the meaning of section 10 of the Sale of Goods Acts, 1893 and 1980). We also warrant that, to the extent that statutory provisions apply to the Heat Pump Service, we shall comply with same.

8. WARRANTIES AND REPRESENTATIONS

8.1. With regard to the Heat Pump Service, we warrant that:

(a) the service engineer has the necessary skill, training, qualification and experience to carry out the works pursuant to this Agreement; and

(b) the service engineer will carry out the Heat Pump Service with due skill, care and diligence PROVIDED ALWAYS that where the service engineer has complied with all the manufacturer’s instructions and guidelines Standards and Codes of Practice, the service engineer shall be regarded as having met the appropriate standard of skill, care and diligence.

8.3. You represent and warrant to us that:

(a) you are the owner of the Property or have full power and authority to execute and deliver this Agreement and to comply with the provision of, and perform all of your obligations and exercise all of your rights under this Agreement;

(b) all consents, licences, approvals and authorisations required in connection with the entry into, performance, validity and enforceability of this Agreement have been obtained and are in full force and effect; and

(c) you will perform your obligations and exercise your rights under this Agreement in accordance with all applicable laws and regulations.

8.4. We will not be responsible or have any liability for:

(a) The following faults or defects or any work required to rectify same:

(i) any defect or damage occurring from a failure of the electricity or water supply;

(ii) failure of the circulating pump due to water leaking from the isolating valves or the connecting pipe-work or components;

(iii) any defects or inadequacy attributable to the original design of the central heating system, including but not limited to pitching, sludging of water, limescale formation;

(iv) defects or malfunctions due to faulty materials or workmanship in manufacture;

(v) any defect or malfunction which arises as a result of any other cause not due to the neglect or default;

(vi) normal wear and tear or any deterioration in the condition, effectiveness or operation of the central heating installation, radiators, pipework or any part thereof as a result of its use or the passing of time;

(vii) any consequential or indirect loss suffered because of water leaks and/or a breakdown of the Installation and the cost of putting right faults caused by damage or not using the appliance, or of interim supply of heat through other means;

(viii) any defect caused through malicious or wilful action, negligence, misuse or third party interference;

(ix) any defect or damage occasioned by fire, lightning, explosion, flood, storm, tempest, frost, impact or other extraneous cause;

(x) any modification, adjustment or repair to the Installation by a third party;

(xi) any defect or damage or detrimental effect to the appliance due to contamination (including by water, bacteria, sediment or sludge) of fuel or lack of fuel supply or fuel contamination;

(xii) any defect or damage  or detrimental effect due to the incorrect fuel supply by a third party;

(xiii) any defect or damage or detrimental effect caused as a result of inappropriate condensate discharge including to a septic tank or in contravention of the Water Pollution Acts 1977 and 1990 as amended from time to time; and/or

9. EXCLUSIONS TO COMPLETE HEAT PUMP SERVICE

9.1. This Agreement does not include repair or replacement of the Installation or any part thereof in the event of parts/components not being reasonably available. If the Installation cannot be repaired because of the lack of available parts/components, this Agreement shall be terminated.

9.2 As part of this Agreement we will not provide any of the following services:

(i) adjustments to time and temperature controls;

(ii) the replacement of decorative parts, casing and body of Installation including all heat-exchangers and the Installation shell;

(iii) refilling central heating system with water and venting radiator or cylinder circuit;

(iv) de-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water;

(v) de-sludging of the Installation;

(vi) air lock of the Installation (included in the initial Heat Pump Service Visit only);

(vii) any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise or leakage;

(viii) work on the fabric of the building or any associated pipe-work to;

(ix) work on any pumps in inaccessible locations;

(x) work on any domestic water services including the cold water supply tank, its feed, outlets, overflow and the hot water cylinder;

(xi) the following replacement parts: electrical rewiring, external programmers/time clocks, radiators, room thermostats, radiator valves, external motorised valves, expansion tanks or cylinders, external expansion vessels, pipework and conventional/balanced flues or chimneys;

(xii) work on the electrical immersion element of the central heating installation;

(xiv) any other exclusions that are brought to your attention by us prior to the commencement of the Heat Pump Service.

If ownership of the Property changes, the new owner shall have the benefit of this Agreement for the remainder of the Contract Year for which the annual payment has been made. After the expiry of the current Contract Year, the new owner will need to enter into a new Heat Pump Service Agreement with P Fay Maintenance if they want to continue to receive Complete Heat Pump Service or any of our other Heat Pump products. No refund will be made for any unexpired part of the Contract Year for which the annual payment has been made.

10. CONDITION OF THE INSTALLATION

10.1. Servicing of an Installation does not imply that it is manufactured or installed satisfactorily or to the prevailing standards or regulations. We do not accept responsibility for any inadequacy attributable to the original design or installation of the Installation and make no warranty as to fitness for purpose or condition.

10.2. We do not accept responsibility or liability for the quality or condition of any existing equipment in the Property (including, without limitation, any equipment, pipework, cables, connections, fill lines, controls, water supply pipes, electrical cables).

11. NOTICE OF HAZARD

11.1. We may issue a Notice of Hazard in a number of different circumstances including, without limitation, where, in the opinion of the service engineer (i) Type  A: the Installation does not conform to standard but is safe to continue to use pending rectification; (ii) Type B: the Installation does not conform to standard and is considered unsafe and requires immediate isolation of the appliance pending rectification; (iii) Type C: the Installation at the premises is suspected of causing or is at immediate risk of causing a pollution.

11.2. In circumstances where we have issued a Notice of Hazard where we have not been in a position to fully inspect/test the Installation we will not accept any responsibility or liability for the quality or condition of the Installation and for any loss or damage arising out of or in connection with the issuance of a Notice of Hazard by us.

11.3. Where we have issued a Notice of Hazard or documented a fault on the service report, identifying remedial action in respect of the Installation, but in the opinion of the service engineer, it is safe to continue with the Heat Pump Service without you first taking the recommended remedial action, it is solely your responsibility to take the recommended remedial action following the Heat Pump Service.

11.4. Where, in the opinion of a service engineer there is a Health and Safety or non-conformance to standard issue (which will be detailed in the Notice of Hazard where relevant) in respect of the Installation that means it is inappropriate, unsafe or otherwise unsuitable for the service to be completed, we may terminate this Agreement. We reserve the right to contact the relevant local authority if we consider it necessary in the interest of the Health and Safety of you and/or third parties.

11.5. We are not liable or responsible for any losses, liabilities, costs, penalties, fines, damages, defects or personal injuries arising out of or in connection with your decision not to:

(a) carry out any remedial work recommended to you in a Notice of Hazard or

(b) take any advice given to you by the service engineer and/or notified to you in a Notice of Hazard.

You agree to indemnify us and keep us indemnified in respect of any losses, liabilities, costs, penalties, fines, damages, expenses, actions, claims or proceedings arising out of or in connection with any claim brought, made or threatened by a third party against us relating to or in connection with your decision not to carry out any remedial work recommended to you by us in a Notice of Hazard or to take any advice given to you by the service engineer and/or notified to you in a Notice of Hazard or service report.

12. GENERAL LIMITATIONS OF OUR OBLIGATION

13.1. We shall not be liable if any work is carried out on the Installation by any other party, other than by us or a recommended trade people. Any such action will give us the immediate right to terminate this Agreement. You agree to indemnify us and keep us indemnified in respect of any actions, claims or proceedings brought against us and all loss, damage, costs and expenses which we may incur as a consequence of any work carried out on the Installation, appliance or system by any party other than P Fay Maintenance.

12.2. We shall not be liable if we are unable to carry out our obligations due to industrial disputes or any other cause outside our reasonable control, including but not limited to Acts of God, explosion, flood, lightning, tempest, frost, inclement weather, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or disorder, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental authority, import or export regulations or embargoes, defaults of suppliers or sub-contractors, or any act or omission of any nature whatsoever on the part of the Customer or its agents.

12.3. We shall not be liable for any indirect, special or consequential loss you suffer arising out of or in connection with the provision or non-provision of any goods or services under this Agreement.

12.4. We have no obligation, duty or liability to you in contract, tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care, except that nothing herein purports to disallow liability for fraud, or liability in the event of the death or personal injury of the Customer (except any personal injury attributable to a person’s decision to set their Installation below 60 degrees thereby exposing the Customer and/or third parties to the risk of legionella in respect of which you agree to indemnify and keep us indemnified with regard to any claims) attributed to P Fay Maintenance and nothing herein purports to contract out of the implied undertakings as to quality of service in section 39 of the Sale of Goods and Supply of Services Act 1980.

13. GENERAL

13.1. Amendments: We reserve the right to change the Terms and Conditions of this Agreement at any time.

13.1. No waiver: No forbearance, indulgence or relaxation on the part of P Fay Maintenance shown or granted to the Customer shall in any way affect, diminish, restrict or prejudice the rights or powers of P Fay Maintenance provided by this Agreement or by law or operate as or be deemed to be a waiver of any breach, right or remedy under this Agreement or provided by law.

13.3. Severance: If at any time any provision of this Agreement (or any part of a provision of it) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair:

(a) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement (including the remainder of a provision, where only part thereof is or has become illegal, invalid or unenforceable); or

(b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

13.4. Governing Law: This Agreement shall be governed by and construed in accordance with Irish law. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

13.5. Entire Agreement: The Parties acknowledge that this Agreement constitutes the complete agreement between the Parties and supersedes all and any prior understandings, agreements, representations or communications whether written or oral between the Parties relating to the subject matter hereof.

14. GLOSSARY

“Annual Service Date” means the yearly anniversary of the date of the first Heat Pump Service Visit;

“Annual Renewal Notice” means the notice notifying you of your Annual Service Date

“Complete Heat Pump Service” means the services described in clause 2;

“Contract Year” means the period of one year commencing on the date of this Agreement and each year thereafter commencing on the anniversary of such date, until this Agreement is validly terminated;

“Customer” or “you” means the customer(s) who makes this Agreement with us, and includes a person who we reasonably believe is acting with your authority or knowledge;

“Heat Pump Safety Check” means a safety check of an Installation as described in clause 2.2;

“Heat Pump Service” means a service of an Installation, including a Heat Pump Safety Check as described in clause 2.1;

“Heat Pump Service Visit” means a call-out by a service engineer to perform a Heat Pump Service;

“Health and Safety” means matters relating to:

(a) the applicable requirements of health and safety legislation in Ireland including, but not limited to, the Safety Health & Welfare at Work Act 2005 (as amended from time to time) and any regulations made there under from time to time;

(b) the Building Control Acts 1990 and 2007 and any relevant Building Regulations made there under and any Building Regulations Technical Guidance Documents;

(c) all relevant Codes of Practice, Guidelines and technical documentation/specifications prepared by ETCI;

(d) System Supplier/Product Manufacturer Instructions and Guidelines; and

(e) industry best practice;

“Installation” means the Heat Pump, Compressor, support base for the Heat and fill lines;

“Notice of Hazard “means a notice issued to you to advise of a defect of an Installation which might affect the safety or persons or property or cause a pollution incident;

“Parties” means us and you;

“Property” means the domestic address at which we will carry out the Heat Pump Service;

“Terms and Conditions” means these terms and conditions;

and

“VAT” means value added tax at the applicable rate from time to time.

Annex 1

Privacy Notice: Heat Pump Repair & Heat Pump Service

1. Personal information we collect

We collect the following types of personal information from you:

a) Your contact details: information that allows us to contact you directly and to deliver goods to you or to visit to carry out a service/repair/ – your name, email address, telephone number and addresses associated with your account.

b) Payment information and account history: purchase history, credit/debit card details and bank account details you provide to make payment for the products and services you purchase from us; your payment method and history.

c) Previous service information: information about previous use of services at your address so that we can determine when your heat pump system was last serviced/repaired/ works were carried out.

You’re not required to provide any of the personal information described above to us, however, if you do not do so, you may not be able to set up an account with us, or the functionality of our products or services may be reduced.

2. What do we use your personal information for?

We process some of your personal information to fulfil the contract between us:

Purpose Personal information used

Heat pump service and repairs  and maintaining your account • All the data listed in categories a-g of section 2 above

Billing  you  and  taking  payment  for  our products and services • All the data listed in categories a-g of section 2 above

• Who we share your personal information with:

Government bodies or our regulators: where we are required to do so by law or to assist with their investigations or initiatives, or are part of industry information sharing schemes, including the Data Protection Commission, Commission for Regulation of Utilities, Sustainable Energy Authority of Ireland (SEAI), and the Central Bank of Ireland.

• The Garda Síochána and law enforcement agencies: to assist with the detection, investigation prevention and prosecution of crime and preventing a threat to national security, defence or public security.

We do not disclose personal information except as set out above.

3. Direct Marketing

Email, telephone, postal and SMS marketing: from time to time.

4. How long do we keep personal information for?

We’ll keep your personal information for as long as you have an account with us. After you close your account with us we’ll keep your personal information for a period to maintain our records, to respond to your queries, for safety reasons, for bill reconciliation purposes and to meet legal and regulatory obligations. The periods that we keep information for are subject to change as required by legal obligations on us. Where a customer has attempted to close their account but there is outstanding debt or credit balance on the account then these accounts will be classed as current customers and will remain open until the debt is paid.

Version dated September 2024.