Definitions and General
We / Us – Solarstream Limited
You – the buyer of the goods and aged 18 or over
Website – www.solarstream.ie
Contract – all orders placed by you on the Website are on the basis of these Terms and Conditions of Sale and are subject to acceptance by delivery of the goods to you at which point a legally binding contract is constituted between you and us.
These conditions override any other terms and conditions unless agreed by us in writing. If you deal with us as a consumer these conditions do not affect your rights. Any Contract and all Terms and Conditions will be governed by the laws of Ireland and the Irish Courts shall have jurisdiction. By using (browsing, registering, accessing) this website, you confirm that you have read, understood and agree to these Terms & Conditions in their entirety. Should you not agree to these Terms & Conditions in their entirety, you must not use the Website.
We use shipping partners to deliver orders typically within 2 – 5 working days. However, although we promise to despatch your order quickly, it should be remembered that delivery is not guaranteed within this timescale and parcels can occasionally take longer to reach their destinations.
Returns, refunds and cancellations
We offer a “no fuss” 14 day period to return unwanted goods. Where goods are faulty or damaged in transit, you must inform us within 24 hours of receipt. All verified faulty or damaged goods are either replaced or refunded.
Limits of our Liability
(a) Goods are subject to manufacturers’ warranty only.
(b) Times quoted for delivery are approximate.
(c) We will not be liable for delays caused by circumstances beyond our control.
(d) We will not be liable for any indirect loss to include loss of business or profits, savings you expected to make, wages, fees or expenses caused by late delivery or the breaking down of the goods or any part of them
(e) We will not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this Website nor will we be responsible for any error or inaccuracy in advertising and sponsorship material content that is displayed on the website.
(f) We will not be liable for any harm or damage to your computer or other device as a result of viruses or other harmful content that they access from or via the Website. You have the responsibility to ensure that your computer or device has the necessary protection against viruses and any other harmful or malicious content.
Ownership of Goods
We own the goods until you have paid for them in full. Until you have paid for all the goods received, you hold all goods supplied by us on trust for us. If you sell on any goods before you pay for them you must hold any money you receive for those goods in trust for us.
Separate Terms, Waiver
If any term of this contract cannot be enforced, this will not affect the remaining terms. A decision by us not to enforce any of our rights will not prevent us from enforcing those or other rights we may have at a later time.
Changes to Website Terms and Policies
We reserve the right to change and update these Website terms from time to time. We recommend that you keep yourself informed of the current Website terms by revisiting this page regularly. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
Issue of Quotations
When we issue you a quotation , it is valid for 30 days from the date of issue. To confirm your order, you will need to sign both copies of this contract; you should keep one copy for your records and return the other copy to us at the address on the quotation. No contract will be in place until we confirm the order with you.
The quotation will document all goods and services we propose to supply, along with the total price for these goods and services including VAT.
We will provide you with a timetable for supplying the goods and carrying out the installation.
The quotation will include information as to the performance of the technology we have proposed to install.
We will discuss with you and provide you with information as to the location of key components. You will be given the opportunity to approve the site designs.
We will advise you on approvals and permissions that may be required for the work; however, it will be your responsibility to ensure that such approvals and permissions are in place.
If there are additional payments that you may have to make, such as planning costs or if you need to consult a Structural Engineer, we will offer assistance and advice, but you will be responsible for these costs.
If there is a particular service or item of equipment that would normally be considered as part of the installation and you have requested that this not be included, then we will have documented this on the quotation.
Right to cancel
Should you decide within fourteen days of signing a contract with Solarstream that you do not wish to proceed, you cancel. Any advance payments we have taken from you will be returned. You should put your wish to cancel in writing, either by requesting and completing our Cancellation Form , or by writing to us at the address on the quotation.
You may also cancel this contract if there is an unreasonable delay in the installation being carried out, if this has not been caused by you.
If you cancel this contract outside the cancellation period you may have to pay to us reasonable costs for any losses we may have incurred. We will attempt to keep these costs to a minimum. If you have paid us a deposit or any advance payments we may retain all or part of these payments as a contribution.
You will be entitled to cancel this contract if there is a serious delay in our ability to carry out the agreed work that is outside of your control, but within our control. You will be entitled to a full refund.
If we are in serious breach of our obligations as detailed in this contract then you will be entitled to cancel this contract, request a repair or replacement or you may be entitled to request compensation.
You can only recourse to these actions if the goods or services are incorrectly described or not fit for purpose. You will not be entitled to seek these remedies if you have changed your mind about the goods and services agreed to.
Timetable for works
We will have agreed with you a timetable for carrying out the installation. By signing a contract with us you are confirming that you agree with this timetable.
There can be occasions that this timetable may need to be varied, due to, for example, poor weather or unavailability of goods and services. We will inform you of any delay we become aware of at the earliest possible opportunity. We would then arrange a new mutually agreeable timetable.
Should the delay be caused by us, or by our suppliers, and that delay could be considered as severe by a reasonable person, you would be entitled to cancel this contract without penalty to you.
Should the delay be caused by you, we will attempt to accommodate that delay without cost to you. However, if the delay incurs us in extra costs, for example scaffolding, we will require that you cover these costs.
The installation will be carried out strictly in line with the Standards relevant to the technology, and to any document referred to within that standard. The goods we supply will be of merchantable quality and fit for the purpose. They will operate as we have described to you.
We will have insurances in place which will cover any loss or damage caused by us or our agents.
You will be required to supply to us normal services free of charge; this would include toilet, washing, water facilities and electricity. You should also ensure we have safe and easy access to the installation area.
Any work to prepare for the installation, carried out by you or a third party that you employ should be carried out in line with the agreed start date for the installation. If this work has not been completed and a consequent delay is caused you may be liable for any costs incurred by us for such a delay.
The work will be carried out by personnel trained in each of the tasks they are assigned.
You will be given warranties for both the installation itself and for the installed goods. The terms of these warranties will be given to you in writing and we will explain them to you verbally.
Within thirty days of the completion of the installation we will hand over to you all documentation required as set out within the appropriate microgeneration Installation Standard.
Deposits and advance payments
Any deposits and advance payments that you make to us can only be used to carry out work under this contract.
When we purchase goods for use under this contract the legal title to those goods will remain with the us, until the goods are paid for in full.
If we have requested a deposit, then this deposit will not exceed 25% of the total contract price set out in the quotation. Should you decide to cancel this contract within the cancellation period, then this deposit will be returned to you promptly.
If we have requested a deposit before a full technical assessment of your property has been made, and we are unable to proceed because of something discovered during that technical inspection, then any deposits or advance payments will be returned.
The quotation will set out in detail when invoices will be sent and the amounts due for each payment.
- Goods belonging to us
Any goods belonging to us that have been delivered to you should remain clearly identifiable as our property. Until the title to the goods is transferred to you the goods should be stored in such a way as they are protected from damage. They should be kept in their original packaging. Should you fear for the safety of the goods in any way, or you feel that the goods are causing any form of hazard you should contact us.
- Changes to the planned work
If you decide to make changes to any planned work after you have signed this contract you should contact us without delay. Wherever possible we will incorporate your changes and if we are not able to do so we will inform you as to why it is not possible for us to do so.
Where we are able to agree to your changes we will require that you set out, in writing and within fourteen days, confirmation of your request.
You need to be aware that any changes to the original design may mean an adjustment to the cost of the installation. Any adjustment in the cost, either in addition or subtraction will be dealt with as a Variation of Contract and we will adjust the price by written agreement with you.
There can be occasions when we come across unexpected work. Should this arise, we will discuss this with you. If it is an area of work in which we are competent to operate, we will issue you with a quotation to complete that work. We will have documented on the quotation the normal rate for the work of our installers. If the work is outside our area of competence, we will assist you in finding a suitably qualified contractor to carry out the work. If this unexpected work causes a delay in the installation process, we may need to make reasonable charges for this delay.
- Late payment
You should make the payments agreed on the quotation as they become due. The final payment will be due on completion of the installation. If you fail to make any agreed payment we may cease work. If you fail to pay the amount specified in an invoice sent to you by the agreed due date then we reserve the right to charge you interest until you pay the amount due.
It is not permissible to withhold any more than a proportionate amount of the outstanding balance for any alleged defect. If you do withhold any amount after a payment has become due, you should give us notice of your intention before the final date on which payment is due. You should also, with that notice, state the reasons for withholding payment.
If we intend to cease work, we will give you notice of this in writing.
If you are in breach of this contract because you have not made a payment that was due to us and we have ceased work, you may have to compensate us for any additional costs we have incurred.
Dependent on the circumstances, we may require that the goods are returned to us. If necessary, we will take legal proceedings to recover the goods or/and any outstanding amounts due to us.
Last update: 18.05.2020