Terms & Conditions

1. Rights of Consumers

i. Any provisions in this Agreement which seek to exclude or limit the liability of Veep Energy (“the Seller”) for breach of the terms implied by the Sale of Goods Act 1979 (or) Supply of Goods and Services Act 1982 shall not apply where the Customer is a consumer; ii. Any provision in this Agreement where delivery is stated to be made by delivery to a courier shall not apply to a Customer which is a consumer.

2. Contract Formation

The Terms and Conditions shall apply to all quotations and offers made by Veep Energy. All orders submitted by the Customer shall be deemed to incorporate and be subject to these Terms and Conditions. The Contract is formed when the order is accepted by Veep Energy, by way of a written acknowledgement of order. All other terms and conditions contained on any order form or correspondence originated by the Customer are null and void and without effect notwithstanding acceptance of the order by Veep Energy. Veep Energy’s failure to object to provisions contained in any communication from the Customer shall not be deemed a waiver of the provisions herein. Unless otherwise agreed in a separate contract these Terms and Conditions may only be varied or amended in writing signed by an authorised representative of Veep Energy.

3. Quotation Validity and Prices

To be valid Veep Energy quotations must be in writing and accompanied by a letter approved by an employee of Veep Energy unless otherwise specified in writing, quotations are valid for a period of 7 days only (otherwise specified in a contract). Prices quoted including the Value Added Tax (VAT), any other taxes, duties, levies or similar charges. After 7 days (or otherwise if specified in writing) any quoted prices are subject to variation by Veep Energy to take account of any increase in its costs including but not limited to changes in exchange rates, supplier prices and internal costs.

4. Payment Terms

Unless otherwise specified in writing, payment terms for all goods and services are strictly to specified terms. (subject to satisfactory credit references). No early settlement discount is given, unless agreed otherwise in writing, and Veep Energy reserves the right to charge interest (both before and after any judgment) on all overdue amounts from the date due. All savings made by the provided goods will be invoiced on 1 euro per kWh (based on the kWH Meter Veep Energy installed at the Fuseboard as well as the Monitoring Application) until full settlement is made and ownership of the goods transferred.

5. Divisibility

i. The Company reserves the right to make deliveries and / or services by instalments and to render a separate invoice in respect of each such instalment; ii. If the Company exercises its right to make deliveries and /or services in accordance with sub-paragraph 5.i. above, then any delay in the provision of such deliveries and/ or services, or failure to deliver any further instalment or instalments, shall not entitle the Customer to reject the Contract or the delivery / service of any other instalment or to withhold payment in respect of any instalment previously delivered / serviced.

6. Delay in Delivery

All reasonable steps will be taken to ensure that any quoted delivery date is adhered to. If Veep Energy fails to deliver the goods (or any instalment) for any reason other than any cause beyond Veep Energy reasonable control or the Customer’s fault, and Veep Energy is accordingly liable to the Customer, Veep Energy liability shall be limited to the excess (if any) of the cost to the Customer of similar goods to replace those not delivered over the price of the goods.

7. Shortages & Damaged Goods

Instances of shortage, non-delivery or damage of goods must be notified to Veep Energy within 24 hours of delivery. In case of shortages in delivery a copy of the shipping documentation must be supplied. Damaged goods must be returned to Veep Energy within seven days of receipt.

8. Returns & Handling Charge

Returns are only permitted with our prior consent. To be eligible for a credit or refund, goods must be returned to Veep Energy. in an unused condition within seven days of delivery stating the relevant invoice number. The cost of carriage and handling for the returned goods shall be borne by the Customer.

9. Cancellation of Order

You have 14 days cooling off period to change your mind after signing the contract. Unless otherwise specified in writing orders can be cancelled outside of the cooling off period will be liable to a cancellation charge of €500 per order.

10. Guarantee

All goods are guaranteed free from defects in materials and workmanship under normal use for a period of two year from the date of delivery, date of commissioning of installation, or such other period as may be negotiated against specific contracts. This guarantee shall be in lieu of any warranty term or condition implied by law as to the quality or fitness for any particular purpose of the goods. Except in respect of death or personal injury caused by Veep Energy’s negligence, or liability for defective products under the Consumer Protection Act 1987, Veep Energy shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition, or other term, or any duty at common law, or under the express terms of the Contract, and save as provided by this clause Veep Energy shall not be under any liability, in contract, tort, or otherwise, in respect of defects in goods or services delivered or for any injury, damage or loss resulting from such defects and in no event shall any failure on the part of Veep Energy give rise to liability for loss of revenue or any other consequential loss or damage arising from any reason whatsoever. In the case of goods supplied by Veep Energy for installation by the Customer (or his agent), the Customer shall be responsible for ensuring the installation is carried out in accordance with relevant current best engineering practice along with any instructions supplied with the goods.

11. Notification of Claim

Veep Energy must be notified in writing of any goods or services which are the subject of a guarantee claim within ten working days of a fault developing or becoming apparent.

12. Data Collection & Analysis Services

Veep Energy will endeavour to ensure that the results of any data collection and analysis services are accurate, however any data or analysis results are not supplied as evidence of the commercial viability, or otherwise, of any proposed project or as a guarantee that such conditions as are revealed by the data will necessarily pertain in the future. Any data collection or analysis services provided by Veep Energy do however purport to be accurate for the place and period specified within the recognised limits of the equipment and procedures used.

13. Property in documents & Copyright

The copyright, design right and all other intellectual property rights in any goods and materials and other documents or items provided to the Customer by or on behalf of Veep Energy shall belong to Veep Energy absolutely. Copyright in all such documents shall remain vested in Veep Energy and may not be used or reproduced for any other purpose, including in particular for obtaining prices or procuring any equipment or services from any other supplier.

14. Termination of Contract

Either Party may terminate this Agreement for the provision of services at any time by written notice to the other Party (‘Other Party’) and the notice taking effect as specified in the notice: i if the Other Party is in material breach of its obligations under this Agreement, and where a breach is capable of remedy within 30 days, the breach is not remedied within 30 days by the Other Party after receiving notice which specifies the breach and requiring the breach to be remedied; or ii if the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party’s assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt. Termination of the Contract will not affect either party’s outstanding rights or duties, including Veep Energy Wind and Solar’s rights to recover any money owing to it under these Terms and Conditions.

15. Risk & Title

Except when specifically agreed otherwise in writing, delivery shall take place at the Customer’s premises and risk in any goods supplied shall pass on delivery. Legal and beneficial ownership of all goods sold by Veep Energy shall remain vested in Veep Energy until payment has been received in full in respect of (i) the full invoice price for the goods in question and any related services, and (ii) all sums due from the Customer to Veep Energy in any connection whatever, and until such time the Customer must keep those goods distinct from its own property, and must not purport to sell or otherwise transfer legal or beneficial ownership of them. Until ownership has transferred to the Customer, the Customer has full license to make use of the goods in its business, but at any time at which payment of (i) the invoice relating to those goods and (ii) any other invoice is late for payment, or that the Customer is subject to any form of insolvency or to any debt recovery action or occurrence (save for litigation defended by the Customer and not yet the subject of a judgment), then Veep Energy may without notice recover possession of the goods. For this purpose, the Customer hereby irrevocably licenses Veep Energy and its agents to enter upon the Customer\’s property and (as far as reasonably necessary) to disassemble any machinery, undertakes to obtain equivalent licenses for any third party on whose property the goods will be sited and agrees to indemnify the failure to obtain such licenses, or otherwise from Veep Energy recovery of the goods in accordance with this clause.

16. Law

These conditions shall be governed by Irish Law and subject to the exclusive jurisdiction of the Irish Courts.

17. Sole Agreement

The Customer agrees that on entering into this Contract the conditions contained herein shall apply to the exclusion of all other terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document, unless expressly agreed otherwise in writing with Veep Energy .