Competition Terms and Conditions

Terms and Conditions [Gas Boiler Prize Draw]

The promoter is Ashgrove Gas & Plumbing Ltd, (46 Ashgrove Kill Avenue Dun laoghaire)

The prize draw is open to all residents in the Republic of Ireland 18 years of age and over.

To enter simply purchase a new gas boiler and boiler installation from Ashgrove Gas & Plumbing Ltd. One

entry per purchase of a gas boiler and installation.

The closing date for this competition is the 30 August 2015 or Competition will expire on 30 August 2015.

The winner will be notified via email or phone within 28 days of the closing date. Please allow 28 days

for delivery after prize claim being received.

Phone numbers and email addresses will only be used in the event of winning.

The promoters’ decision is final and binding in all matters and no correspondence will be entered into.

In the event the claim for a prize is not received by the Promoter within 7 working days of

such notification, the Promoter reserves the right to select an alternative winner.

Prize consists of either a €1,000 One-for-all gift card, a €1,000 Dundrum Shopping Voucher

or a €1,000 Dunnes Stores gift card.

The promoters reserve the right to change any aspect of the prize.

The Promoter reserves the right to substitute the prize of equal value in the event of

unavailability due to circumstances beyond their control.

By entering the prize draw, entrants agree to be bound by the rules and by any other

requirements set out in the promotional material.

Entry to this promotion shall be deemed full and unconditional acceptance of the terms &

Prize cannot be exchanged for cash.

Offer subject to availability

These Terms and Conditions shall be governed by the laws of Ireland and subject to the

jurisdiction of the Irish Courts.

Below are our details in relation to Boilers and Power Flushing. Please read carefully. Any further information do not hesitate to contact us.

Boiler Warranty

ASHGROVE GAS 
"Assurance" 5/7 YEAR warranty plan.
Terms & Conditions. On agreed models

• Your 5/7-year parts and labour warranty is provided for both boiler upgrades and full system upgrades covering the Boilers Ashgrove Heating has installed. However some exclusion do apply, please see below. 
  NOTE: The system does require an annual service by ASHGROVE GAS of the boiler and Central Heating system, which does incur a fee. mailto:www.ashgrovegas.ie

• The terms summarised below are intended to provide a broad indication of the main elements of our warranty. Every customer's installation will vary and we'll be happy to explain in full your warranty that suits YOUR INDIVIDUAL SYSYEM.

This will be provided at time of your FREE ESTIMATE. Please feel free to This email address is being protected from spambots. You need JavaScript enabled to view it. for further details.

• The boiler warranty is subject to:
• An annual boiler inspection by us including 16 separate tests and checks listed below.
• Manufactures Guidelines, terms and conditions.
• As listed below parts and labour.
• Duration of warranty and boiler type T & C as listed below.

ASHGROVE GAS 
"Assurance" 7 YEAR warranty plan.
Terms & Conditions. On agreed models

Your7-year parts and labour warranty is provided for both boiler upgrades and full system upgrades covering the Boilers Ashgrove Heating has installed. However some exclusions do apply, please see below. 
NOTE: The system does require an annual service by ASHGROVE GAS of the boiler and Central Heating system, which does incur a fee.
The terms summarised below are intended to provide a broad indication of the main elements of our warranty. Every customer's installation will vary and we'll be happy to explain in full your warranty that suits YOUR INDIVIDUAL SYSYEM.

This will be provided at time of your FREE ESTIMATE. Please feel free to This email address is being protected from spambots. You need JavaScript enabled to view it. for further details. This will be provided at time of your FREE ESTIMATE. Please feel free to contact us for further details.

The boiler warranty is subject to:

• An annual boiler inspection by us including 16 separate tests and checks listed below.
• Manufactures Guidelines, terms and conditions.
• As listed below parts and labour.
• Duration of warranty and boiler type T & C as listed below

For a full listing of parts that are included please see below

 TERMS AND CONDITIONS (T & C) OF OUR EXTENDED WARRANTY.

1. 1. . No charge will be made in respect of parts listed in the table of included parts annexed or labour for callouts or repairing a reported fault on your boiler and system. Subject to service inspection by Ashgrove gas only is carried out on every anniversary of installation date during the term of the Boiler Care Agreement

1.2. Only those parts that are listed in the Included Parts table and boiler warranty table annexed to these additional terms and conditions are covered. It is important that you read this table to understand what parts and time frames are/are not, included. Components that are working but creating a noise nuisance will not be replaced until they fail in service.

If a part, which is not included in the table of parts annexed, is required to repair the system this will be quoted for separately and will include a labour figure.

1.3 The price quoted for the annual service inspection as notified to you in your annual notification reminder is for cover of a central heating boiler that does not exceed 102,000 BTU's or 30KW.

1.4 We will endeavour, subject to workloads and labour availability, to give priority in response to any breakdown or failure of the central heating boiler and to respond to a call within twenty-four (24) hours of notification. Where our offices are closed, a facility for leaving a message identifying your address and contact details will be available to facilitate our on-call staff to follow up this report with you. Emails or texts may not be received in good time but we would encourage you to send as well.

2. SCOPE OF SERVICE
Boiler Inspection

2. 
   1 Our Service Engineer will complete 22 detailed checks and tests when carrying out a domestic boiler service. All Visual Checks and Tests Applied are in accordance with Irish Standards IS813:2002 as laid down by the National Standards Authority of Ireland for Domestic Gas Installations and we will follow manufactures instructions.                                                                                                                   The following checks and tests will be carried out:

Boiler Checks

• Check Gas Isolating Valves

• Cold Check Efficiency of Flue

• Test Effectiveness  of Functionality of flue with Boiler Running

• Check Location of Flue

• Check Condition of Flue

• Check Permitted Location of Appliance

• Check Size of Open Vented Flue

• Check Ventilation According to Appliance

• Perform Co Room Test As Necessary Depending on Appliance
• Check Terminal Location

• Check Cowl Fitted

• Check Main Burner
• Check Burner Pressure And adjust accordingly
• Clean Main Burner
• Clean Pilot Burner
• Clean Heat Exchanger
• Check Joints on Boiler
• Check Case Seals on boiler
• Issue a print out on completion with Co,Co2 ,and efficiency of boiler at time of service
• Test Gas Soundness of Appliance
• All findings recorded on our computer for our return service so we can tell if your appliance needs extra care
• Electrical Checks
• Check 3 Amp Fuse Fitted
• Check Double Pole Isolation Switch Fitted

All above are will be carried out in accordance with Irish Standards IS 813:2002 as laid down by the National Standards Authority of Ireland for Domestic Gas Installations and of course manufactures instructions.

Boiler safety check
during a boiler inspection a Service Engineer will check the integrity of the boiler in accordance with Annex C of IS 813: 2002.

On completion a cert of compliance will be issued as well as a printout of analyser report.

TERM OF BOILER CARE AGREEMENT AND TERMINATION

• Your boiler care Agreement provides for an annual boiler inspection. The Boiler Care agreement will continue until expiry of warranty subject to annual inspection and annexed list above.
• You will be notified by phone or post or by email should you request, prior to the Annual inspection date set out in your Boiler Care Agreement to arrange a time for a boiler inspection.
• We may increase the charges for service inspection of standard boiler provided that notice of the new charge rate is included in the letter of notification reminding you of your annual inspection.
• If you no longer wish to have your boiler inspection by our company, you must terminate the Boiler Care Agreement:

1. By calling our customer contact team on the telephone number provided in the letter of notification.
2. By electronic mail to the address specified in the letter of notification reminding you of your annual inspection.

We shall be entitled to terminate the warranty agreement or to offer you a reduced level of cover on your installation at any time by giving you notice in writing if:

You default in making any payment due to us or if another company services the unit.

There will possibly be a charge if you call out a Service Engineer on any occasion

• Pertaining to matters, not relating to our works.
• Or if described as nuisance calls. 
• Callouts for these items will be charged to you at the prevailing rate.

Please see our money saving tips at www.ashgrovegas.ie before you call

Upon termination:

Ashgrove Gas and Plumbing Ltd will have no further duties with respect to your warranty.

Charges

• There is no charge for a warranty call
• However, Gas Boiler service and system inspection must be carried out annually which is chargeable.
• Our Service Engineer will advise you of any required labour and/or parts (which are outside the scope of your cover) and will give you an estimate prior to commencing any work on your boiler and will only proceed with your agreement.
• If you agree to have the Service Engineer replace additional parts or components which are not listed in the table of included Parts annexed you will also be charged for the costs of such replacement parts or components in some cases if they are deemed specials by our suppliers you may be asked to prepay for them.

Payment terms

• Direct to Engineer on annual inspection by cash or cheque.

Provision of spare parts:

• The service engineer may, during the inspection visit, identify parts/component failure or potential failure.
• If the part or component is listed on the table for Included Parts annexed, the Service Engineer will supply and fit adequate replacement parts or components. Included parts, which are working but are creating a noise nuisance, will not be replaced until they fail in service (unless you elect to pay for the replacement of such parts).
• If the part or component is not included in the table of Included Parts annexed, the Service Engineer will advise you of the cost of replacement of any such parts and if necessary but subject to your signed authorisation, will supply and fit adequate replacement parts or components.
• Replacement parts or components may not be the same as the parts being replaced and may not be from the original manufacturer.
• We will not be responsible for any delay in the provision, or unavailability, of spare parts by suppliers or manufacturers.
• Manufactures decision validates all warranty

EXCLUSIONS TO COVER
Replacement of Central Heating Boiler: 

Warranty cover does not include repair or replacement of the central heating boiler or any part thereof in the event of spare parts or components not being reasonably available.

Further exclusions:

The following are excluded from warranty and will incur additional charges in accordance with our contract:

• Adjustments to time and temperature controls i.e. Boiler stats clocks ECT.
• Replacement of decorative parts, casing, covers and body of boiler.
• Replacement of any part or component which is not listed in the table of Included Parts annexed including parts as described in list as not covered.
• Filling central heating system with water i.e. low water level lockouts on boilers.
• Venting radiator or cylinder circuits if called out to.
• De-scaling and any work arising from hard water scale deposits or from damage caused by aggressive/corrosive water.
• De-sludging of the system.
• Any draining down of the system and the replacement of the pump isolating valves or their replacement due to noise.
• The replacement of the Heat Exchanger due to a leak, blockage, noise, or failure due to poor water quality.
• Any defect or damage occurring from a failure of the public electricity or water supply.
• Any defects or inadequacy attributable to the original design of the gas central heating system.
• Defects or malfunctions due to faulty materials.
• Any consequential or indirect loss suffered because of water leaks.
• Any consequential or indirect loss suffered because breakdown of the boiler.
• Cost of putting right faults caused by non-use or ill use, of Gas boiler & central heating system.
• No warranty is offered if, interim supply of heat through other means causes defect.
• Any defect caused through malicious or wilful action, negligence, misuse or third party interference.
• Any defect or damage occasioned by fire, lightning, explosion, floor, storm, tempest, frost, impact or other extraneous cause.
• Any modification, adjustment or repair to the boiler or system by a third party.
• The fabric of the building or pipe work buried in it.
• Any pumps in inaccessible locations.
• Any domestic water services including the cold water supply tank, its feed, outlets, overflow and the hot water cylinder. 
• The electrical immersion element is specifically excluded. Indicating light bulbs and electrical rewiring.

 CHANGE OF OWNERSHIP/ ASSIGNMENT

If ownership of the premises in which the central heating boiler covered by warranty changes, the new owner shall not have the benefit of the warranty for the remainder of the Contract Year for which the annual payment has been made.

You do not have the right to assign or subcontract the agreement. After the expiry or upon taking up residence, the new owner will need to enter into a new Agreement with the company if they want to continue to receive our warranty. No refund will be made for any unexpired part of a Contract Year for which the annual payment has been made.

For business reasons, we have the right to assign the Agreement to any company or person.

CONDITION OF CENTRAL HEATING BOILER

• Inspection of a central heating boiler does not imply that the Wet side of the Central Heating system 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 system and make no warranty as to fitness for purpose or condition.

USE OF SUBCONTRACTORS

• We reserve the right to use sub-contractors to carry out all or any part of the works to be carried out pursuant to the Agreement.

GENERAL LIMITATIONS OF OUR OBLIGATION

• We shall not be liable if any work is carried out on the boiler, appliance or system by any other party without our prior written consent - any such action will give us the immediate right to terminate the Agreement.
• You agree to indemnify us and keep us indemnified in respect of any actions, claims or proceedings from time to time brought against us and all loss, damage, costs and expenses which we may incur as a consequence of any work carried out on the boiler, appliance or system by any party other than our company without our prior written consent.
• We shall not be liable if we and/or the Service Engineers, 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, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or disorder; acts, restrictions, regulations, by-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.
• 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 the agreement.
• We have no obligations, 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 attributed to the company 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.

PROVISION OF INFORMATION

• You are required to promptly and accurately give us all the information we may need so that we can perform our obligations under these Terms and Conditions.
• We will use your information to provide you with the Service you have requested and may pass on your information to any third party service provider who we engage to assist us in the performance the service.
• You have a right of access and amendment in respect of your information.
• Please inform us immediately of any change to the information you have provided to us.
• From time to time, we may wish to contact you by post or phone with details of other energy and energy related products offered by us which may be of interest to you.

COMPLAINTS PROCEDURE

If you are unhappy with any service or contact you have with us, you can register your complaint with us in any of the following ways:

• By calling 083 168 6355
• By email to: This email address is being protected from spambots. You need JavaScript enabled to view it.
• By letter to : Ashgrove Gas & Plumbing Ltd

Your complaint will be dealt with promptly in accordance with our Code of Practice.

GENERAL TERMS AND CONDITIONS FOR 5/7-YEAR WARRANTY AS ANNEXED

• We reserve the right to change the Terms and Conditions of the Agreement by giving written notice to you as soon as is reasonably practicable prior to the changes being introduced.
• We will also publish details of any changes on the website at www.ashgrovegas.ie as soon as possible prior to the changes being introduced.

Severance:

• If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected.
• Entire agreement: the parties acknowledge that the Agreement constitutes the complete agreement between the parties and supersedes all prior understandings, agreements, representations or communications whether written or oral between the parties relating to the subject matter hereof, but no term purports to exclude liability for fraud.

Power Flushing

ASHGROVE GAS AND PLUMBING LTD TERMS AND CONDITIONS FOR THE PROVISION OF THE POWER FLUSHING SERVICE – POWER FLUSHING

SERVICE AGREEMENT.

BY ORDERING THE POWER FLUSHINGSERVICE YOU ACCEPT THE FOLLOWING

TERMS AND CONDITIONS.

PARTICULAR ATTENTION IS DRAWN TOCLAUSES 7 (RISK NOTICE AND WAIVER),

THESE CAREFULLY.

1. POWER FLUSHING

1.1 The Power Flushing Service involves a Service Engineer flushing or cleansing your Central Heating System at high velocity but low pressure, using water, with cleansing and mobilising agents added, in order to remove any accumulated sludge, corrosion, deposits and scale in older Central Heating Systems and to remove excess flux, swarf and other debris from newly installed Central Heating Systems.

1.2 While the Power Flushing Service is, as far as Ashgrove Gas is aware, currently the most successful method commercially available of removing sludge and iron oxide for the purposes of enhancing the thermal efficiency of a Central Heating System, the effectiveness of the Power Flushing Service will depend on the condition of your Central Heating System and no guarantee is given by Ashgrove Gas that the Power Flushing Service will be effective in cleaning your particular Central Heating System.

1.3 Subject to clause 6, the Service Engineer will assess whether the Power Flushing Service can be carried out on your Central Heating System. The Power Flushing Service is not suitable for microbore central heating or gun barrel systems.( for this magnet clean only without chemical cleaner ) or as necissary

1.4 The Service Engineer may, prior to or during the Power Flushing Service identify parts or component failure or potential failure. The Service Engineer will provide you with a verbal update on the fault with the Boiler and/ or Central Heating System and the costs involved in repairing the Boiler and/or Central Heating System. This may include the costs of providing new parts or components for the Boiler and/or Central Heating System. The Service Engineer will also provide you with an estimate of the time it will take to repair the Boiler and/or Central Heating System. Please be aware that sometimes it may not be possible to carry out the repair during the initial diagnosis visit. Title to the replacement parts and/or components will only pass to you when you have paid Ashgrove Gas for them.

2. SCOPE OF SERVICE

2.1 A Service Engineer will carry out the Power Flushing Service on your Central Heating System in accordance with the following safety standards: BS 7593:2006 and Annex E of IS813:2002 (including Amendment 1:2004 and Amendment 2:2005), where applicable. The steps involved in the procedure are outlined at clause 2.3 below.

2.2 For the avoidance of doubt, the Power Flush Service does not include a safety check of your Central Heating System and/or Boiler.

2.3 The Service Engineer will do the following as part of the Power Flushing Service:

• safely drain and dispose of the contents of the Central Heating System;
• connect a power flushing pump to the Central Heating System (the pump is connected either across standard circulator pump couplings, across the tails of one of the radiators, or wherever the Service Engineer considers is most suitable);
• activate the pump (the flow of water dislodges and mobilises any build-upsor deposits);
• pump fresh clean water through the Central Heating System once any deposits have been dislodged and mobilised; and
• direct the full output of the pump through each radiator to flush it out. Neither Ashgrove Gas nor the Service Engineer give any commitment that they will identify that any additional work or replacement parts for your Boiler and/or Central Heating System may be required or accept any liability for any damage or loss whatsoever which may result from any failure to identify any requirement for additional work or replacement parts or any other deficiency or fault in your Boiler and/or Central Heating System.

3. COMMENCEMENT AND CANCELLATION

3.1 The Power Flushing Agreement may also provide for a repair to the Boiler and/or Central Heating System and may include the provision of spare parts or components.

3.2 Commencement: When you order the Power Flushing Service, Ashgrove Gas may perform a full eligibility check on your Boiler and/or Central Heating System. If we choose to carry out either or both of these checks and they are satisfactory to us, this Power Flushing Service Agreement will come into effect from the later of to us and (i) the date that we notify you that your Boiler and/or Central Heating System is suitable for the Power Flushing Service.

Where the full eligibility check on the Boiler and /or Central Heating System are satisfactory to Ashgrove Gas, the Service Engineer will carry out the Power Flushing Service on the date agreed between you and Ashgrove gas. The Power Flushing Service will be carried out during normal working hours (8am to 6pm Monday to Friday, excluding bank holidays and public holidays in Ireland) unless otherwise agreed between the Parties. Ashgrove Gas will not be obliged to carry out the Power Flushing Service: (a) unless and until payment for the Power Flushing Service Agreement has been made in accordance with the payment provisions of these Terms and Conditions and any appropriate agreement form duly signed by you; and (c) unless it is satisfied that no Health and Safety issue exists which may mean it is inappropriate, unsafe or otherwise unsuitable for the Power Flushing Service to proceed or continue.

3.3 Your Responsibilities: It is your responsibility to provide the Service Engineer with the necessary access to the Property at the time of our appointment(s) to carry out the Power lushing Service. If we are not able to gain access to your Property at the time of any appointment, because you are not available to provide access we will not be able to carry out the Power

Flushing Service and it is your responsibility to arrange another appointment. If we are not able to gain access to your Property at the time of an appointment, we will inform you that we were not able to carry out the Power Flushing Service for this reason and we will charge you a cancellation fee equal to €90. You are also responsible for making sure that

(a) we can safely access your Property, which includes providing safe access to your Boiler

and/or Central Heating System; and (b) there is sufficient gas in the system to allow the Power Flushing Service to be completed (applicable to pre-pay meters only). In circumstances where we are not in a position to proceed with the Power Flushing Service due to (a) or (b), we will inform you of this and charge you a cancellation fee equal to €90. If the issue preventing the Power Flushing Service from proceeding or continuing is removed and the appointment is rescheduled by you within 10 working days of the most recent visit by the Service Engineer, we will refund the cancellation fee of €90. it is also your responsibility to take care in or around areas where work is taking place during provision of the Power Flushing Service 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 Cancellation: In circumstances where you order the Power Flushing Service over the phone, you may cancel the Power Flushing Service Agreement within seven (7) working days of receiving these Terms and Conditions, without giving a reason, and without charge by calling our customer contact team at 0831686355 or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. unless the Power Flushing Service has been carried out before the end of this period with your agreement. Otherwise, you can cancel the appointment for Power Flushing Service up to 24 hours before the Power Flushing Service is due to be carried out by calling our customer contact team on 0831686355 or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. . The appointment for Power Flushing Service may be rescheduled by you at the time of cancelling it, or at a later date, to a new date and time agreed with us. If you cancel less than 24 hours before the Power Flushing Service is due to be carried out, we will charge you a cancellation fee equal to €90. You will be deemed to have cancelled with less than 24 hours notice if, without at least 24 hours prior notice to us, the Service Engineer cannot access your Property to carry out the Power Flushing Service at and on the agreed time and day. If you cancel the Power Flushing Service we will refund any payment for the service which you have already made, less any cancellation fee which may be payable. By ordering the Power Flushing Service you expressly agree to payment of any cancellation fee due in accordance with these Terms and Conditions. To the extent that any payment which you have made for the Power Flushing Service is not sufficient to cover the cancellation fee due, the cancellation fee will be automatically charged to you.

4. PROVISION OF SPARE PARTS

4.1 The Service Engineer may, prior to or during the Power Flushing Service identify parts or component failure or potential failure. The Service Engineer will advise you of the cost of replacement of any such parts or components and if necessary, but subject to your authorisation, will supply and fit adequate replacement parts or components, subject to their availability. Title to the replacement parts and/or components will only pass to you when you have paid Ashgrove Gas for them.

4.2 Replacement parts or components may not be the same as the parts being replaced and may not be from the original manufacturer.

4.3 We will not be responsible for any delay in the provision, or unavailability, of spare parts by suppliers or manufacturers.

4.4 Any parts or components which are removed from your Boiler and/or Central Heating System by the Service Engineer will be left with you and not removed from the Property. You should retain such part or component until you are satisfied that the new part or component has eliminated the fault and to allow for re-testing in the event of a further fault arising with the Boiler and/or Central Heating System.

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

4.6 If the Service Engineer needs to leave the Property to source replacement components and/or parts, the quote for these replacement components and/or parts, and any additional labour charges (if applicable) must be approved by you in writing before the Service Engineer will return to fit the replacement components and/or parts.

5. PRICE PAYABLE BY YOU

5.1 The price payable by you for the Power Flushing Service is as set out on the Order

Form and on the at the dateof the service. All prices quoted are inclusive of VAT at the applicable rate from time to time.

5.2 If at your request, we return to your home to remove any air locks or leaks on the Central

Heating System or to do any other work before or after the Power Flushing Service has been carried out (including repair work), we will charge you for any such additional labour in 15 minute units. Rate 25 Euro per unit unless otherwise agreed

5.3 The cost of replacement parts or components (where required) will be in added to the price of the Power Flushing Service.

6. PAYMENT TERMS

6.1 Subject to clause 6.5, you may pay for the Power Flushing Service and any applicable repairs/parts by one of the following methods:

(a) by paying in full by way of one lump sum payment by Cash or Cheque or transfere at the time of

booking the Power Flushing Service; or on completion of service.

62.2If you do not pay us any sum due under these Terms and Conditions when due we may charge

you a late payment fee equal to 5% of the then due payment.

6.3 Customers must pre-pay  in the following circumstances:

• where the total amount due under the repair is over €600 (including parts and labour);
• where the part required is an Exceptional Item

7. RISK NOTICE AND WAIVER

7.1 You should be aware that the Power Flushing Service will involve use of chemicals and will be carried out at high velocity but low pressure in your Central Heating System, which may cause leaks in or other damage to the pipes, radiators, the Boiler and/or other components of your Central Heating System. Ashgrove Gas will not inspect the internal condition of your Central Heating System in advance of carrying out the Power Flushing Service. Accordingly, even if the Service Engineer confirms that the Power Flushing Service can be carried out on your Central Heating System, Ashgrove Gas  disclaims and excludes, to the fullest extent permitted by law, all representations, warranties, indemnities, guarantees and other commitments made as to the suitability of the Power Flushing Service for your Central Heating System and you agree that no representation, warranty, indemnity, guarantee or other commitment is given that the Power Flushing Service will not result in any damage to the pipes, radiators, the Boiler or any other component of your Central Heating System.

7.2 In no circumstances shall Ashgrove Gas be responsible or liable in contract, negligence or any other tort under any law or otherwise howsoever arising, for any damage, loss, injury, liability, cost, penalty, fine or expense caused to property or persons resulting from the operation of the Power Flushing Service if such damage may reasonably be determined as being attributable in whole or in part to the pre-existing condition of the Central Heating System and you waive any and all claims against Ashgrove Gas in respect of any such damage, loss, injury, liability, cost, penalty, fine or expense.

7.3 Nothing in this waiver purports to exclude any liability for fraud or any other liability, the exclusion of which would be contrary to Irish law.

8. WARRANTY

8.1 Ashgrove Gas warrants that:

• the Service Engineer has the necessary skill, training, qualification and experience to carry out the Power Flushing Service the Service Engineer will supply the Power Flushing Service with due skill, care and diligence; and
• where materials are used for the purposes of carrying out the Power Flushing Service, they will be sound and reasonably fit for the purpose for which they are required.

8.2 The effectiveness of the Power Flushing Service will depend on the condition of your Central Heating System and accordingly Ashgrove Gas makes no representation, warranty, guarantee, indemnity or other commitment that: the Power Flushing Service will be suitable for your Central Heating System; the Power Flushing Service will be effective in removing sludge or any other element from your particular Central Heating System; or the Power Flushing Service will not result in any damage to the pipes, radiators, the Boiler or any other component of your Central Heating System.

8.3 All work undertaken by the Service Engineer while repairing the Boiler and/or Central Heating System carries a sixty (60) day warranty from the date on which the work is carried out by the Service Engineer. Subject to the other provisions of this clause, if you have any problems within the Boiler and/or Central Heating System in the 60 day period after the work has been done there will be no call out charge applied if the Service Engineer has to call back to the Property. However, if, when he calls back, the Service Engineer identifies a problem with the Boiler and/or Central Heating System that is not related to the repair previously carried out, the Service Engineer will advise you of the cost of the labour and any replacement parts or components necessary to rectify the matter. Subject to your signed authorisation, the Service Engineer will then fix the problem and you will be charged for the time it takes for the Service Engineer to rectify the matter and for the cost of any necessary parts or components.

8.4 With regard to the supply of any replacement parts and/or components and of any other materials supplied as part of the Power Flushing Service, we warrant that at the time of installation the replacement parts and/or 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 Power Flushing Service, we shall comply with same.

8.5 In addition to the warranties set out in clauses 8.1, 8.2, 8.3 and 8.4 above but subject to clause 8.7 below, we will within a period of 12 months (unless otherwise specified by the manufacturer) from the date of completion of the Power Flushing Service (including repair if applicable), repair or replace free of charge any faulty replacement parts or components supplied by us under the Power Flushing Service Agreement. This shall apply only to defects which appear within a period of 12 months (unless otherwise specified by the manufacturer) from the date that the parts and/or components were replaced and provided any defect is notified Ashgrove Gas  in writing within 21 days of when you become or ought reasonably to have become aware of the defect. Your rights under this clause 8.5 are in addition to and not in substitution of your rights at law.

8.6 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 the Order Form and to comply with the provision of, and perform all of your obligations and exercise all of your rights under the Order Form and these Terms and Conditions;

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

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

8.7 We will not be responsible or have any liability for:

(a) The following faults or defects or any work

(B) required to rectify same (including, for the avoidance of doubt, during the 60 daywarranty period):

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

(ii) failure of the pump due to water leaking from the isolating valves or the connecting pipework

or components;

(iii) any defects or inadequacy attributable to theoriginal design of the Boiler and/or 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 of Ashgrove Gas;

(vi) normal wear and tear or any deterioration in the condition, effectiveness or operation of the central heating installation, radiators, pipework, flue and flue system 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 Boiler 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 Boiler and/or Central Heating System 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;

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

(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.

(b) Any loss of gas caused by third party interference and any other exclusions thatare brought to your attention by us prior to the commencement of the Power Flushing

Service Agreement.

9. ASSIGNMENT

These Terms and Conditions are personal to you and therefore may not be assigned or transferred by you to any other person without our prior written consent. For business reasons, we have the right to assign or transfer all of our rights and obligations under these Terms and Conditions to any other company or person.

10. CONDITION OF THE CENTRAL

HEATING SYSTEM

Running the Power Flushing Service through the Central Heating System does not imply that the Central Heating System is manufactured or installed satisfactorily or to the prevailing standards or regulations. The Power Flushing Service will not remedy any design or mechanical faults in the Central Heating System. We do not accept responsibility for any inadequacy attributable to the original design or installation of the Central Heating System and make no warranty as to fitness for purpose or condition of the Central Heating System before or after provision of the Power Flushing Service.

11. USE OF SUBCONTRACTORS

We reserve the right to use sub-contractors to carry out all or any part of the works to be provided pursuant to these Terms and Conditions.

12. GENERAL LIMITATIONS OF OUR OBLIGATION

12.1 We shall not be liable if any work is carried out on your Central Heating System by any other party, other than by a sub-contractor, acting on our behalf. You agree to indemnify us and keep us indemnified in respect of any actions, claims or proceedings from time to time brought against us and all loss, damage, costs and expenses which we may incur as a consequence of any work carried out on the Central Heating System by any party other than Ashgrove Gas without our prior written consent.

12.2We shall not be liable if we, and/or the Service Engineers, 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, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or disorder, acts, restrictions, regulations, bylaws, 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 these Terms and Conditions.

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 attributed to Ashgrove gas 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.

13.1 We may issue a Notice of Hazard as per IS:813 2002 edition 2 (including Amendment 1:2004 and Amendment 2:2005) and/or the manufacturer’s instructions in a number of different circumstances including, without limitation, where, in the opinion of the Service Engineer, (i) Level  A: the appliance not conform to standard but is safe to continue to use pending rectification; (ii) Level

B: the appliance installation does not conform to standard and is considered unsafe and requires immediate isolation of the appliance pending rectification; (iii) Level C: the complete installation is unsafe for continued use and requires immediate isolation at the meter pending rectification.

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

13.3 Where we have issued a Notice of Hazard identifying remedial action in respect of the Boiler but, in the opinion of the Service Engineer, it is safe to continue with the Power Flushing Service without you first taking the recommended remedial action, it is solely your responsibility to take the recommended remedial action following the Power Flushing Service. We will, if possible, provide you with an estimate of the likely time required and cost involved to complete the recommended remedial action. It may also be possible to make arrangements with the Service Engineer for this recommended remedial action to be carried out by us at alater date.

13.4 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 Boiler that means it is inappropriate, unsafe or otherwise unsuitable for the Order Form to continue, we may terminate this Power Flushing Service Agreement. In such circumstances, we will charge you a cancellation fee equal to €30. 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.

13.5 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 carry out any remedial work recommended to you 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. 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.

14. DANGEROUS WASTE MATERIALS

14.1 Should we find asbestos or other dangerous or potentially dangerous waste materials in or around the Property, then you will need to engage a specialist competent contractor to arrange for the removal of such dangerous waste material before the Power Flushing Service may proceed or continue. When you have had all asbestos removed, a certificate from the specialist competent contractor certifying the absence of asbestos exposure risk as referred to in the Safety Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (or any amendment thereof or replacement Regulations), must be provided to us before we will do any further work to your Property.

15. GLOSSARY

Wherever the following words and phrases appear in the Order Form or in these Terms and Conditions, they will have the following meaning:

“Ashgrove gas”, “us” or “we” means Ashgrove gas and plumbing Limited , a company incorporated in

Ireland with registration number 531319 and registered office at 46 Ashgrove , Kill Avenue, Dunlaoighre Co. Dublin  and where the context so permits unless the contrary intention appears, its authorised agents and subcontractors; “Central Heating System” means the Boiler, associated pipes and controls and radiators; “Customer” or “you” means the customer(s) who asks us to carry out the Power Flushing Service for them, and includes a person who we reasonably believe is acting with the customer’s authority or knowledge; “Exceptional Item” means a spare part which is not generally in stock and has to be ordered specially for the repair; “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 the National Standards Authority of Ireland and regional requirements for Ireland;

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

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

(f) all relevant installation standards applicable in Ireland, including, without limitation, IS 813:2002 (including Amendment 1:2004 and Amendment 2:2005); and

(g) industry best practice; “IS” means Irish Standard or, where appropriate, applicable European Standard for the Power Flush Service as laid down by the National Standards Authority of Ireland, as amended or replaced from time to time, and any reference in these terms and conditions to a specific provision of IS or of an applicable European Standard shall be a reference to such provision as amended or replaced from time to time; “Parties” means us and you; “Property” means the domestic address at which we will carry out the Power Flushing Service; “Power Flushing Service” means the service described in clause 1 which shall include a repair, where applicable throughout this Agreement; “Power Flushing Service Agreement” means the contract between you and us for the provision of a Power Flushing Service which is subject to the Terms and Condition together with the information and terms included in the Order Form;

“RGII” means the Register of Gas Installers of Ireland; “Order Form” means the Power Flushing order form between you and us which incorporates these Terms and Conditions are appended; “Service Engineer” means a qualified and experienced (RGII accredited) engineer engaged by Ashgrove gas to carry out the Power Flushing Service; “Terms and Conditions” means the terms and conditions in respect of the Power Flushing Service including the Order Form; and“VAT” means value added tax at the applicable rate at the time.