ProService Technicians Ltd.: Terms and Conditions of Service

Definitions:
“FIELD SERVICE” means installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement, or correction of Equipment, or a part thereof.
“FIELD SERVICE REPRESENTATIVE” means the person(s) authorised by ProService Technicians Limited. to furnish Field Service hereunder.
“EQUIPMENT” means the Boiler, Space Heater, Water Heater, Solar Heating Panels, Water Pump and any associated temperature controls or time clocks that are the subject of the Field Service rendered hereunder. Connected pipes, cables, flues, chimneys and drains are specifically excluded.
“CUSTOMER” means the person, partnership, company, corporation purchasing Field Service hereunder.

Synopsis:
This document outlines the terms and conditions for Field Service work carried out where no pre-agreed annual service contract exists between ProService Technicians Limited and the Customer.
Separate sets of terms and conditions for Domestic Field Service Contracts and Commercial Field Service Contracts are available elsewhere. If you have a written annual service contract in place with ProService Technicians Limited then the current Domestic or Commercial Field Service Contract terms and conditions shall supercede these terms and conditions.
THESE TERMS AND CONDITIONS SHALL BE IN ADDITION TO THE PROSERVICE TECHNICIANS LIMITED STANDARD CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS, COPIES OF WHICH MAY BE INSPECTED AT OUR OFFICES OR DOWNLOADED ELSEWHERE.

1. Introduction
1.1 ProService Technicians Limited offers to sell or otherwise provide Field Service upon the terms and conditions specified herein. This offer is not an acceptance of any offer by the Customer to purchase Field Service. The Customer shall indicate its acceptance of this offer by verbal acceptance, by written acceptance or confirmation transmitted by post, fax or electronic mail, by directing ProService Technicians Limited to commence Field Service in any manner, by accepting Field Service, or by making payment for all or any part thereof.
1.2 These Field Service Terms and Conditions, together with any offer document issued to the Customer by ProService Technicians Limited and other ProService Technicians Limited terms and conditions as stipulated above shall constitute the entire agreement of the parties and shall not be modified except in writing issued and signed by ProService Technicians Limited. No prior representations or agreements between the parties, oral or written, not embodied herein shall be of any force to effect and any said prior representations or agreements are hereby revoked and superseded. No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein by ProService Technicians Limited and the Customer is hereby notified of ProService Technicians Limited’s objection to and rejection of additional or different terms in Customer’s purchase order, acknowledgement or other forms. This offer is expressly limited to acceptance upon the terms and conditions contained herein.
1.3 ProService Technicians Limited will provide a Field Service Report together with an invoice for each field service sold. No other documentation or proofs of field service will be provided.

2. Scheduling
2.1 To book a field service call, the customer must book the call verbally with the ProService Technicians Limited Service Department Administrator.
2.2 Only the ProService Department administrator or their temporary replacement have the ability to book and schedule calls. Discussing a service call with any other member of staff does not guarantee a call out will be scheduled.
2.3 ProService Technicians Limited and the customer will agree a date for the Field Service. The agreement to this date is entirely at ProService discretion.
2.4 ProService Technicians Limited will always prioritise urgent breakdown calls where there is no heating and/or hot water available.
2.5 It is possible in some circumstances that your call will have to be rescheduled to accommodate priority calls or changes to the schedule of the assigned Field Service Representative. In this case ProService Technicians Limited will notify you as soon as possible in order to agree an alternative date.
2.6 General Service calls (where no failure or breakdown occurs) will be scheduled where possible within 1 week of logging the initial call with the Service Department Administrator, subject to availability.
2.7 The following information is required at time of scheduling. Please make sure you have it to hand when calling as if you do not it will cause a delay in the scheduling and/or provision of Field Service.
Site contact – Name and address,
Site contact – Mobile phone number
Invoice contact – name, address, telephone number and email address (as per sections 8 and 9)
Equipment serial number , or if this is not possible the full make and model of the equipment requiring Field Service and,
Credit or debit card details (as per section 8)
3. Warranty
3.1 Services – ProService Technicians Limited warrants for a period of sixty (60) days from the date of completion of the Field Service rendered pursuant hereto that said Field Service shall conform to standards customary in the profession for services of a similar nature.
3.2 Parts and Materials ProService Technicians Limited warrants for a period of sixty (60) days from the date of completion of the Field Service rendered pursuant hereto that all parts and materials supplied pursuant to said Field Service shall be free from defects in material and workmanship.
3.3 Remedy – Should any nonconformity with this warranty appear in such parts and material during the terms of this warranty, ProService Technicians Limited shall, at its option, repair or replace the nonconforming part of material, upon timely and proper notification by the Customer and having had the opportunity to inspect the parts and material and verify the alleged nonconformity.
3.4 Where an alleged nonconformity is investigated and/or repaired by ProService Ltd, and the nonconformity is determined to have been caused by a) an occurrence listed in section 4.2, b) the customer or a third party or c) any other reason apart from defects in material or workmanship, the customer agrees to pay the costs of such investigation and/or repairs as per section 8.
3.5 We warrant that if defects appear in products, under proper use, we will, at our option, replace or repair the product or, if this is not possible, refund the purchase price. This warranty is subject to a claim being made in writing to us within 12 months after the original date of despatch, or such other period as may be indicated by us for specific products from time to time. This warranty may be transferred to a third party by completing the “Warranty Registration Document” and returning it to the company.
3.6 Where we indicate that an extended warranty period is available for specific products, the end user must complete and return the warranty registration form which is included in the delivery to avail of the extended warranty period.
3.7 For services purchased: We warrant that we will, at our option, either rectify defectively serviced products or, at our sole discretion, supply you free of charge a substitute product in place of the defectively serviced product, subject to you submitting to us a written claim specifying the defect within 60 days of the date of the invoice or such other periods as may be indicated by us for specific products from time to time.
3.8 Any products or parts which are replaced by us shall become our property.
3.9 Claims must be made by the customer who purchased the goods or the person to whom the warranty has been transferred by completing the warranty registration form.
3.10 Claims from a third-party will not be entertained.
3.11 Warranty claims will be investigated to determine if there is a manufacturing defect present in the product.
3.9 A Call-Out Fee and other charges will apply where the alleged failure of the product is caused by any factor other than manufacturing fault or product defect.
3.10 The claimant is required to ensure that the product has been installed and maintained in compliance with the published manufacturer’s instructions. The Warranty does not cover incorrect installation of the product.
3.11 The claimant is required to ensure that the product is appropriate to its application. The company is not responsible for misapplication of the product – save where the company has provided specific written advice or design prior to sale of the product. A quotation does not constitute such advice.
3.12 Damage to the product due to environmental factors such as weather, “hard” or corrosive water supply or other pollutants is specifically excluded from this warranty.
3.13 Damage to the product or failure of the product to function properly, due to faults in any system to which the product is connected, is specifically excluded from this warranty.
3.14 Incorrect function of the product due to maintenance or repair by a third party is excluded from the warranty.
3.15 If the company inspects a product as a result of a warranty claim and finds the product malfunction is not due to a manufacturing defect, the company may offer the customer the option of repairing the product. In this case, the customer will be required to pay the cost of the repair.
3.16 Where payment is required, we accept the following: – Pro-forma Bank Transfer / Cash payment at the time of repair / Credit / Debit Card / Pro-forma Cheques made payable to RVR ET. Ltd / Pro-forma Bank Drafts made payable to RVR ET. Ltd
3.17 Where a payment method is not agreed or the customer is not available to give authority to proceed with the repair and issue payment, we cannot perform the works. Further charges may apply for a return visit.
3.18 The obligation of the warranty extends to repair or replacement of the product at our discretion. In any event, liability under the warranty may not exceed the sale price of the product.
3.19 This “Warranty” paragraph sets out your exclusive remedy in respect of defective products and services. Save as expressly provided in these conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty or any kind imposed on us by operation of law. You acknowledge that you are responsible for ensuring that the products ordered are fit for the purposes for which you intend to use them.

4. Limitation of Liability
4.1 Notwithstanding anything herein to the contrary, under no circumstances shall ProService Technicians Limited be responsible or liable for any loss, cost, or damage arising from any source whatsoever, including negligence, in excess of the price paid by the Customer for the field service, parts and materials which gives rise to the loss, cost, or damage.
4.2 ProService Technicians Limited accepts no liability for loss, cost or damage arising from: any of the following:

  • Leakage, blockage or failure of pipes, fittings, valves, wires, cables, ducts, flues, chimneys, drains or controllers connected to the equipment;
  • Faults in any of the following items: Electricity, oil, gas, sewer, water supplies, drains or other connections to the equipment;
  • Lack of a supply of any of the following services: Electricity, gas, oil, water
  • Faults caused by equipment not originally supplied by ProService Technicians Limited
  • Failure of the installer of the equipment to comply with the installation instructions published by the supplier of the equipment;
  • Failure of the installer of the equipment to comply with Irish standards, European standards, Building Regulations, IEE regulations, Local Authority requirements or relevant codes of practice;
  • Failure of the installer of the equipment to comply with accepted industry good practice;
  • Use of chemical substances in the installation of the equipment which are incompatible with seals used in pipes, connections, flues and chimneys connected to the equipment or forming part of the equipment;
  • Faults in the hydraulic design of the system;
  • Incorrect use of the equipment or modification of the equipment;
  • The abuse of equipment during and/or after the installation of the equipment;
  • Malicious damage;
  • Usage not in accordance with product instructions;
  • Servicing not authorised by ProService Technicians Limited;
  • Environmental conditions;
  • Act of God, fire, flood, act of violence or any similar occurrence;
  • Faults caused by a third party;
  • Boiler Locked out due to environmental or other temporary conditions;
  • Lime, Chlorides or other adverse materials in the water supply

5. Access to the Equipment
5.1 The Customer will ensure that it is possible for the Field Service Representative to enter the place in which the Equipment is installed.
The Customer will also ensure that there is safe and adequate access to all parts of the Equipment to permit Field Service to be carried out.
If the equipment is installed in a location requiring special access methods such as scaffolding or special safety equipment for working at height, then the Customer will provide the method of access unless otherwise agreed in writing between the parties.
5.2 The determination of what constitutes safe and adequate access will be made by the Field Service Representative only, in compliance with best practices as incorporated into Health and Safety legislation in place at that time in the Republic of Ireland.
5.3 The Customer will be liable for all costs of the visit in the event that it is not possible to carry out the Field Service due to lack of safe and adequate access.

6. Part, Material or Tool availability
6.1 Where the Field Service Representative visits site and does not have a required part, material or equipment to effect the Field Service, then a return visit will be required. There will be no “call out charge” for the return visit. Parts/Materials will be charged as normal as per clauses 6 and 7.
6.2 The Field Service Representative will secure the required materials before the return visit.
6.3 The onus is on the Customer to contact the ProService Technicians Limited Service Department Administrator and agree a suitable date and time for the return visit (subject to part/material/tool availability).

7. Compensation and Invoicing
7.1 In consideration for the Field Service rendered hereunder, Customer shall pay ProService Technicians Limited the amount requested.
7.2 In the event of dispute or in the absence of an agreement between the Customer and ProService Technicians Limited the sum of the following amounts:
€150 fixed charge plus €50 per hour or portion thereof which the Field Service Representative spends at the premises where the equipment is installed plus the retail cost of all parts and materials used by the Field Service Representative in rendering Field Service hereunder plus the amount of VAT due.
7.3 ProService Technicians Limited shall invoice the Customer for all charges incurred in accordance herewith.
7.4 In the absence of an alternative written agreement, ProService Technicians Limited reserves the right to at any time debit the amount due from card details furnished for the field service or a previous field service, which have not been deleted or destroyed at the time of invoicing.

8. Payments
8.1 Payments will be made by credit or debit card. Field service will not be provided until credit card details have been furnished.
8.2 ProService Technicians Limited may, at their sole discretion, agree an alternative payment method.
8.3 ProService Technicians Limited may pre-authorise a payment on the furnished card details as a guarantee that funds are available. For domestic call outs, a pre-authorisation or pre-payment of €200-250 will be applied. For commercial call outs, a pre-authorisation or pre-payment of €500-2,000 will be applied. ProService reserve the right to pre-authorise or larger amounts at their discretion depending on the nature of the work to be performed.
8.4 Any amounts pre-authorised do not indicate a maximum charge. The customer shall be liable for all costs incurred during the field service.
8.5 Payment for the full cost of the Field Service will be deducted from the furnished card on completion of the Field Service, unless otherwise agreed in writing.
8.6 Where any charge in excess of the pre-authorised amount fails to authorise during payment, the customer shall agree to provide an alternative payment method within 2 working days.
8.7 Interest will be applied on a daily basis on all amounts that remain unpaid after 30 days. The applicable rate shall be the European Central Bank rate plus seven percent.
8.8 Furnished card details will be deleted and destroyed ninety (90) days after completion of the field service. Where an additional field service is performed prior to destruction of card details, the customer authorises ProService Technicians Limited to store the details for a further ninety (90) days.
8.9 Where an invoiced amount remains unpaid after ninety (90) days from completion of the field service, and in the absence of an alternative written agreement, ProService Technicians Limited reserves the right to debit the amount due (plus interest applied) from card details furnished for the field service (or a previous field service) prior to deletion and destruction of the furnished card details.
8.10 Invoices will be delivered by email to the email address provided at time of booking.

9. Service Report
9.1 ProService Technicians Limited will issue a service report detailing work carried out, combustion tests and other relevant information once work on-site has been completed. This report will be issued after all paid Field Service visits.
9.2 Where field service is carried out under warranty, or is otherwise paid for by ProService then the service report will only be issued at the customer’s request and at ProService Technicians Limited’s discretion.
9.3 Where possible, ProService Technicians Limited will issue the service report within 7 working days of performing Field Service.
9.4 Service reports are delivered by email only and will be issued to the email address provided at time of booking. Failure to provide a valid email address may lead to delays in issuing the service report.

10. Force Majeure
10.1 ProService Technicians Limited will not be in breach of their contract with the Customer for any delay in performing, or failure to perform, obligations under these conditions of sale if that delay or failure was due to any cause or circumstance beyond their reasonable control by their inability to procure services, materials or articles required for the performance of the contract, except at enhanced prices. In these circumstances, ProService Technicians Limited may at their sole option delay the performance of or cancel the whole or any part of the contract without liability to the Customer. If ProService Technicians Limited cancel part of the contract the Customer shall pay for the Field Service delivered on a pro rata basis.

11. Waiver
11.1 ProService Technicians Limited’s waiver of any breach by the Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision. ProService Technicians Limited’s rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to ProService Technicians Limited under applicable law.

12. Governing Law and Jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts. ProService Technicians Limited may bring legal proceedings in any court of competent jurisdiction.

13. Miscellaneous
13.1 Any headings preceding the text of the several articles hereof are inserted solely for convenience of reference, shall not constitute a part hereof, and shall not otherwise affect the meanings, content, effect or construction hereof.
13.2 The Customer may not assign, sub-licence or otherwise transfer any of their rights under these terms and conditions.
13.3 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

Effective date – 1st July 2014