1. HEAT PUMP SERVICE/SAFETY CHECK

1.1 NRG Heat Pump service/safety check includes one Heat Pump Service and one Heat Pump Safety Check (as described in the clauses 2.1 and 2.2 below). It does not include any additional labour (subject to clause 7) or any parts required to repair the Heat Pump. If a part or additional labour is required to repair the Heat Pump this will be quoted for separately.

1.2 The price quoted by the NRG Scheduling team is for the service of a central heating Heat Pump that does not exceed 17kW (58000 Btu approx) output. The Heat Pump Service/Safety Check is applicable for Monobloc System Heat Pumps and Split Heat Pumps with a separate indoor and outdoor units.

2. SCOPE OF SERVICE

2.1 Heat Pump Service

The NRG service engineer will perform a full annual service on your domestic Heat Pump. The service includes numerous separate tests and checks all of which are outlined below. As part of the Heat Pump Service our nominated service engineer will inspect the central heating Heat Pump and clean and adjust it as necessary. All visual checks and tests applied are in accordance with SR50-4:2021 and the service engineer follows manufacturer’s instructions as outlined in the installation and servicing instructions where available. The following tests and checks will be applied to the appliance where relevant:

Heat Pump Checks

• Heat Exchanger Coil
• Check Permitted Location of Appliance
• Fan motor & Air discharge
• Refrigerant circuit
• Manometer pressure / filling loop
• Water Strainer
• Pressure relief valve discharge pipe
• Circulating pump
• Electrical connections
• 3 port valve
• DHW, tank sensor, PRV and expansion vessel
• Booster immersion heater operation
• Bypass valve
• Heating controls operation

2.2 Heat Pump Safety Check

During a Heat Pump Service Visit, a Service Engineer will check the integrity of the Heat Pump installation in accordance with SR50-4:2021

2.3 Exclusions

An annual Heat Pump Service/Safety Check on your domestic Heat Pump will not include any works to your central heating system unless agreed with NRG/ NRG service engineer. Price for any extra works to be agreed prior to commencement.

2.4 Duration of Service

The duration of a Heat Pump Service/Safety Check will vary depending on the Make/Model/Location/Service Engineer etc. The price includes a maximum time of 90mins labour. However, should the Heat Pump require extra work resulting in extra time being spent at the appliance, additional charges will apply as per NRG rate card.

3. TERM OF HEAT PUMP SERVICE AGREEMENT AND TERMINATION

3.1 Term:

Your Agreement provides for a one-off annual Heat Pump Service/Safety Check

3.2 Commencement:

When you order NRG Heat Pump Service/Safety Check, the Service Engineer will carry out a Heat Pump Service and a Heat Pump Safety Check on the date agreed between you and NRG home & energy services. Heat Pump Service Visits will be conducted during normal working hours (8am to 6pm Monday to Friday excluding bank holidays and public holidays in Ireland), unless otherwise agreed between the parties.

3.3 Cancellation:

Cancellation of a Heat Pump Service/Safety Check must be made within 48 hours of scheduled appointment. Repeated cancellations/no access may, at the discretion of NRG, result in refusal to carry out Heat Pump Service/Safety Check.

3.4 Annual notification:

NRG or NRG associated company may contact you to advise of an upcoming service due. (a) by calling our customer contact team on the telephone number provided in the letter of notification reminding you of your annual Heat Pump Service Visit; or (b) by electronic mail to the address specified in the letter of notification reminding you of your annual Heat Pump Service Visit

3.5 Termination/Refusal:

NRG shall be entitled to terminate the Heat Pump Service/Safety Check at any time without assigning a reason. NRG may refuse to service an appliance, if, in the opinion of a Service Engineer, your Heat Pump: (a) can no longer be maintained in good working order by the provision of replacement spare parts (b) is damaged beyond economic repair otherwise than through default of NRG (c) is unsafe (d) if the appliance requires specialist training/equipment/technical advice that is not available to NRG or its representatives.

3.6 Upon termination/refusal, NRG will have no further duties with respect the Heat Pump Service/Safety Check

4. PRICE PAYABLE BY YOU

4.1 The annual amount payable for a Heat Pump Service/Safety Check is as quoted by the NRG Scheduling Team or as notified to you from time to time in the annual notification reminding you of your Heat Pump Service Visit. You can check the current rates applicable to a Heat Pump Service/Safety Check and our other Heat Pump servicing products on the NRG website at www.nrgpanel.ie from time to time. All prices quoted are inclusive of VAT at the applicable rate.

4.2 Heat Pumps that have not been serviced on a regular basis may need additional work & time and this labour element will cost extra. The Service Engineer will advise you of any required labour outside the scope of a Heat Pump Service/Safety Check prior to commencing any work at all on your Heat Pump and will only proceed with your agreement.

We will charge you for any additional time outside the scope of a Heat Pump Service/Safety Check in 30-minute units. You can check the current applicable rates on the NRG website at www.nrgpanel.ie from time to time or by calling our customer contact team on the telephone number provided in the letter of notification reminding you of your annual Heat Pump Service Visit.

4.3 If you agree to have the Service Engineer replace parts or components in accordance with clause 6 below, you will also be charged for the costs of such replacement parts or components.

5. PAYMENT TERMS

5.1 Payment must be made to NRG Panel at point of booking/prior to attendance by Service Engineer. NRG Panel, on occasion, may accept payment on completion of Heat Pump Service.

6. PROVISION OF SPARE PARTS

6.1 The Service Engineer may, during the Heat Pump Service Visit, identify parts OR component failure or potential failure. The Service Engineer will advise you of the cost of replacement of any such parts and if necessary, but subject to your authorisation, will supply and fit adequate replacement parts or components.

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

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

6.4 Any parts or components which are removed from your Heat Pump by the Service Engineer will, unless you specify otherwise, be taken away for proper disposal by the Service Engineer.

7. WARRANTY

All work undertaken by the Service Engineer while servicing the Heat Pump carries a thirty (30) day warranty. Subject to the other provisions of this clause, if you have any problems with the Heat Pump after the work has been done there will be no call out charge applied if the Service Engineer must call back. If, when he calls back, the Service Engineer identifies a problem with the Heat Pump that is not related to the service he carried out, the Service Engineer will advise you of the cost of the labour and any replacement parts necessary to rectify the matter. Subject to your approval, 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. Time will be charged in 30-minute units. You can check the current applicable rate on the NRG website at www.nrgpanel.ie from time to time.

8. ASSIGNMENT

This Agreement is personal to you and therefore it 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 the Agreement to any company or person.

9. CONDITION OF HEAT PUMP

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

10. 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.

11. GENERAL LIMITATIONS OF OUR OBLIGATION

11.1 We shall not be liable if any work is carried out on the Heat Pump, appliance or system by any other party – any such action will give us the immediate right to terminate any warranty applicable. 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 Heat Pump, appliance or system by any party other than NRG without our prior written consent.

11.2 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 requisition; acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any governmental authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of NRG or a third party); difficulties in obtaining raw materials, labour, fuel, parts, or machinery; and power failure or breakdown in machinery.

11.3 We shall not be liable under this Agreement for any indirect or consequential loss, damage, cost, or expense of any kind howsoever arising and whether caused by our negligence or that of our employees, agents, or subcontractors or otherwise. We shall not be liable for any loss of profit, business contracts, revenues, or anticipated savings or for any business interruption or loss of data or goodwill.

12. DATA PROTECTION NOTICE

We will use and process your data in accordance with the provisions of the General Data Protection Regulations (EU) 2016/679 (GDPR) and Irish Data Protection Act 2018. We will use your data for the following purposes: (a) to assist us in providing the services to you; (b) to help us identify you when you contact us; (c) to assist us in improving our services; (d) to process payments; (e) for administration and accounting purposes; (f) for marketing purposes; (g) to assist in detecting or preventing crime or fraud.

We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.

13. MARKETING

We, our agents and our Business Partners may wish to contact you to provide you with details of other products and services which may be of interest to you. This may be by telephone, electronic mail, post or personal visit. If you do not want to receive such information, please call us on

042 9749322

or email info@nrg.ie and we will update our records.

14. COMPLAINTS PROCEDURE

In the event that you are dissatisfied with the service you have received, you should in the first instance write to NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72. Alternatively, you may call us on

042 9749322

or email info@nrg.ie.

15. GENERAL

15.1 Notices

Any notice to be given by you or by us in connection with this Agreement shall be in writing and may be delivered by hand or sent by post to the other party. Notices sent by post will be deemed to have been received two postal days after the day of posting (excluding Sundays and public holidays). Notices delivered by hand shall be deemed to have been received when delivered.

15.2 Amendments

We reserve the right to amend this Agreement at any time. We will notify you of any amendments by posting the amended Agreement on our website or by sending you a copy of the amended Agreement by email.

15.3 No Waiver

No forbearance, delay, or indulgence by us in enforcing the provisions of this Agreement shall prejudice or restrict our rights and no waiver of any such rights shall operate as a waiver of any subsequent breach.

15.4 Severance

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be severed, and the remaining provisions of this Agreement shall continue in full force and effect.

15.5 Governing Law

This Agreement shall be governed by and construed in accordance with Irish law, and the parties submit to the exclusive jurisdiction of the Irish courts.

15.6 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements, and understandings between the parties.

16. GLOSSARY

Annual Service Date means the anniversary of the date we perform the Heat Pump Service Visit.

Heat Pump Service means an annual service on your domestic Heat Pump including cleaning, adjustment, and inspection as necessary.

Heat Pump Safety Check means a check of the Heat Pump installation in accordance with SR50-4:2021.

NRG Service Engineer means a Service Engineer employed or subcontracted by NRG.

Service Engineer means a suitably qualified and experienced engineer who is employed or subcontracted by NRG.

INSTALLATION OF CENTRAL HEATING EQUIPMENT

These terms and conditions along with your sales quotation constitute the entire agreement between you and nrg for either a complete central heating installation or partial installation, as set out in your sales quotation. Please check that the details in your sales quotation are complete and accurate before you commit yourself to this contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please read these terms and conditions carefully before you sign and return the sales quotation to us or your NRG consultant. You will be bound by these terms and conditions once the contract comes into existence in accordance with clause 1.2. You should pay particular attention to clauses 9 (warranty), 13 (limitations) and 14 (data protection notice).

1. YOUR CONTRACT
   • The Sales Quotation is an offer by NRG to carry out the Work at the Price and

is made on the basis that we will only carry out the Work if a binding contract is formed between you and us in accordance with clause 1.2. The Price set out in the Sales Quotation shall be valid for a period of 30 days from its date of issue, unless we notify you in writing that we have withdrawn or amended it during this period.

• To accept the offer set out in the Sales Quotation, you must sign and return it to us within 30 days of the date of the Sales Quotation. If you do this, the Contract shall come into existence and these Terms and Conditions shall become binding on you and us.

2.  THE WORK

Central Heating Installation

• Where your Contract is for a Central Heating Installation, we will remove your Central Heating System (if applicable) and install your new central heating Central Heating Installation includes the installation of the Heat Source, the Central Heating Parts and all other parts, material and labour required to complete the installation of your new central heating system (including, for the avoidance of doubt, all associated radiators, pipe work and fittings).

Partial Installation

• Where your Contract is for a Partial Installation, we will replace the relevant part(s) in your Central Heating System with the Heat Source and/or Central Heating Parts (as the case may be) identified in the Sales Quotation signed by you. Partial Installation includes all other parts, material and labour required to install the Heat Source and/or Central Heating Parts into your Central Heating System.

Pre-Installation Work

• Prior to commencing the Work, the Installation Engineer will, where relevant:

• visually inspect the relevant parts of the Property and the Central Heating System;
• test the integrity of the Central Heating System; and
• carry out a full technical survey of the Property (including the Central Heating System) to ascertain for the purpose of facilitating the Work:
  • the condition and soundness of your Central Heating System;
  • the condition and soundness of accessible pipe work and all flexible connections;
  • the adequacy of the fixed air supply;
  • the effectiveness of any flue or chimney;
  • the appropriateness of appliance locations;
  • the condition and soundness of the electrical system; and
  • the suitability of the gas, electricity, and water supply to the
  • If, on foot of the above inspections and system checks:
• any Additional Work is required or identified, we shall inform you as soon as possible and if we are in a position to undertake such Additional Work, we will provide you with an estimate of the likely time required to complete the Additional Work and any associated increase in the Price; and/or
• any gas safety hazards are identified, we shall inform you as soon as possible and issue you with a Notification of Hazard and (if possible) provide you with an

estimate of the likely time required to complete the requisite work to remedy such gas safety hazards and any associated increase in the Price.

• Where a Notification of Hazard is issued by the Installation Engineer, we shall not be required to continue with any Work unless and until we have been provided with a Declaration of Conformance Certificate.

• We shall not be required to continue with any Work unless and until any increase in the Price has been agreed by you. We will issue you with a new Sales Quotation and you must sign this new Sales Quotation before we carry out the Work (which shall include the Additional Work).
• You have no obligation to agree to any increase in the Price for carrying out the Additional Work, and if you do not agree to any Additional Work identified by us or if a Notification of Hazard is issued, either we or you may cancel this Contract. In these circumstances, we shall remove any Heat Source or Central Heating Parts or Controls that we have installed, and shall restore your Property and Central Heating System (if applicable) to the state they were in before we began Work. We shall be entitled to charge you a reasonable amount to cover our costs in carrying out the Work up to the date on which the Contract is cancelled and in connection with restoring your Property and Central Heating System. We may deduct these costs from your Pre-Payment and if the costs exceed your Pre-Payment, we may recover the excess from you.

General Installation Provisions

• An Installation Engineer will, where applicable, carry out the Work in accordance with Health and Safety Laws and Standards and in accordance with the provisions of any relevant planning permission of which we are notified by you.
• A summary of the steps involved in the Work (the “Scope of Work”) is appended to the Sales Quotation.
• When carrying out the Work, we will, if required:

• install surface trunking for wiring and, or piping;
• lift carpets or other floor coverings (this Work is at your risk and we will discuss and agree this with you before doing so);
• remove radiator coverings (this Work is at your risk and we will discuss and agree this with you before doing so);
• remove plaster where necessary and re-plaster to a smooth surface (if agreed and included in your Sales Quotation);
• remove and restore any existing boxing for pipework (if agreed and included in your Sales Quotation);
• fit grilles to supply air for combustion to standard flue appliances (if agreed and included in your Sales Quotation)
• remove and restore brickwork and roof-tiles (if agreed and included in your Sales Quotation). In restoring brickwork or roof-tiles, we will either:
  • use the nearest matching materials that we can obtain from a local builder’s merchant, or
  • use bricks or tiles that you
  • Unless otherwise stated, electrical wiring, connections, and material necessary for the carrying out of the Work will be included in the Price. When carrying out the Work, we will not create channels for wiring or pipework in solid walls or floors. The wiring to components will be run on the wall surface unless otherwise specified and agreed in your Sales Quotation.
  • All new central heating pipe work will be run in tubing manufactured to the appropriate British Standard or equivalent with suitable CE marked fittings.
  • The cutting away and making good of the fireplace aperture is included in the Price where

a fire/back Heat Source unit is specified in the Sales Quotation. NRG does not however, accept responsibility for removal or reinstatement of any decorations or decorative features in the vicinity of the fireplace aperture.

• Where solid fuel back Heat Sources are present at your Property they will be left drained and drilled only. Removal of solid fuel back Heat Sources will not be undertaken by NRG.
• In the case of an existing oil-fired Central Heating System, the oil tank will be disconnected

by us but NRG will not dispose of any oil contained in the oil tank and will not be responsible for the removal of the oil tank. This work should be undertaken by a specialist contractor.

• NRG accepts no responsibility for the suitability of any existing flue at your If any existing flue is to be used, you must arrange for it to be swept prior to commencement of the Installation or Part Installation. If an existing flue is used and later proves to be unsatisfactory in operation then you must arrange for a replacement flue system to be installed at your own cost. Flue liners will not be installed in unswept chimneys, nor will fan assisted flue systems be connected to unswept chimneys.

Cleaning Up

• When carrying out the Work, we will:

• take reasonable care to avoid disrupting your Property;
• remove all waste material which results from the Work;
• remove all disconnected and redundant parts of your Central Heating System which we replace; and
• clean up after

• While we will exercise all due care in carrying out the Work and will make good any unnecessary damage caused by our negligence; you accept that the Work may cause damage to finishings both internally and externally and that certain areas of your Property may need redecoration following completion of the Work. This Contract does not include provision for the painting of radiators, the making good of decorations, any additions to cold water, secondary services, alteration to linen cupboard shelves, renewal or repair of floorboards or old pipe runs, nor for the chasing or boxing in of pipes or wires. All such redecoration or repair works will be your responsibility and are not included in the Price.
• When carrying out the Work, we will not accept responsibility for damage to radiator covers, carpets or other floor coverings caused by lifting or refitting, unless we have been negligent in doing so.

Dangerous Waste Material

• The Price does not include the cost of removing any dangerous waste material, such as asbestos. Should asbestos or other dangerous waste materials be found, then you will need to engage a specialist competent contractor to arrange for the removal of such dangerous waste material. When you have had any asbestos removed, a certificate from the specialist competent contractor certifying that the exposure limit value, referred to in the Safety Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (or any amendment thereof or replacement regulations), is not then exceeded must be provided to us before we will do any further Work to your Property.

Cleansing of the Central Heating System

• At our discretion, insofar as required to remove sludge and other waste from the Central

Heating System, we may include a flush and cleanse of the Central Heating System using appropriate chemicals free of charge with your Central Heating Installation. If a flush and cleanse is or will be insufficient, we may recommend that you purchase a Power Flush to deep clean your Central Heating System.

Post-Completion of Installation or Partial Installation

• After the completion of the Work the Installation Engineer will (where relevant):

• explain and demonstrate the functions of both time and temperature controls, for the economic use of the central heating system;
• explain the user operating instructions for the Heat Source and Controls;
• issue you with a completed Declaration of Conformance;
• issue you with a completed Heat Source passport (if a new Heat Source has been fitted); and
• commission the Heat Source and your central heating system in accordance with the particular manufacturers’ instructions.

3.  CONDITIONS AT THE PROPERTY

• This Contract is subject to a suitable gas, electricity and water supply being available to your The cost of providing such a supply is not included in the Sales Quotation unless shown as a separate item.
• You are responsible for making sure that:

• conditions at your Property are suitable for us to do the Work; and
• all the necessary facilities, services and supplies are already installed and working at your
  • If we consider that the conditions at your Property are not suitable for us to do the Work (which may include the presence of asbestos at your Property) we will tell you what you must do before we can perform the Work.
  • Before we start Work, you must clear any furniture or fittings from any rooms or roof

space that we need to enter to do the Work. The NRG Consultant will agree with you how much clearing you will need to do. If you do not clear the furniture and fittings as agreed, we may charge you a reasonable amount to cover our costs for any delay. It is not envisaged that our Installation Engineers will be responsible for clearing any furniture or fittings, however if, due to your personal circumstances, you would like us to carry out any such clearing work, we may, at our discretion, do so but only on the basis that we are not liable for any damage caused as a result (unless we have been negligent).

• If you do not comply with your obligations under this clause 3 we will have the right to cancel the Contract in accordance with clause 6.1.

4.  YOUR RESPONSIBILITIES

Permission

• This Contract is subject to your confirmation that you are the owner of the Property and are not a tenant. In the absence of your advice to the contrary, we will assume that you are the owner of the We shall not have any liability for any works which we carry out which have not been authorised by the owner of the Property and you agree to indemnify us for any losses howsoever arising that we incur from your failure to make full and proper disclosure as to the ownership of the Property.

• This Contract is entered into, and the Work is undertaken by NRG upon the condition that any necessary licences, authorities, or permissions (including, for the avoidance of doubt all requisite planning permissions) are first obtained by you and that unrestricted access to your Property will be available in order that the Work may be undertaken.
• In the absence of your advice to the contrary, we will assume that you have made enquiries and obtained the requisite planning permission where We shall not have any such liability for unauthorised works and you agree to indemnify us for any losses howsoever arising that we incur from your failure to obtain such permission.
• You shall inform us in advance of commencement of the Works of any conditions in any planning permission which are or may be relevant to the Works or the way in which such Works are or will be carried out. We reserve the right to notify you of any increase in the Price which may be required as a result of any conditions so notified to us, or in the event that we reasonably believe that we will not be able to comply with such conditions we may cancel this Contract. You do not have to agree to any increase in the Price notified to you in accordance with this clause and if you do not so agree, either you or we may cancel this In the absence of your advice to the contrary, we will assume that there are no relevant conditions in any planning permission of relevance to the Works as aforesaid. We shall not have any such liability for failure to comply with any condition in a planning permission which is not notified to us and you agree to indemnify us for any losses howsoever arising that we incur from your failure to comply with your obligations under this clause. Access to the Property
• It is your responsibility to let us into the Property at the time of our appointment(s) to carry out the 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 Work. In these circumstances, we will inform you that we were not able to carry out the Work. NRG may seek compensation based on travel time/loss of working hours.

Parts and Equipment

• The Heat Source, Central Heating Parts and any other parts and materials will be your responsibility from the time of delivery to your Property.

Treatment of our staff

• You must at all times behave appropriately when our staff (or agents) visit your Property. You must not physically or verbally abuse our staff (or agents) in any circumstances. If you physically or verbally abuse our staff (or agents) who visit your Property, we may cancel your Contract and in these circumstances we reserve the right, at our sole discretion, to forfeit your Pre-Payment.

5.  COMMENCEMENT, VARIATION AND CANCELLATION OF THE CONTRACT

Commencement

• The Installation Engineer will endeavour to carry out the Work on the dates agreed between you and NRG at the time that you place your order for the Work with NRG.
• NRG will carry out the Work during normal working hours (8am to 6pm Monday to Friday excluding bank holidays and public holidays in Ireland), unless otherwise agreed between the Parties. Any time estimates provided for completion of the Work is our best estimate and we will make every reasonable effort to complete the Work on time. However, we cannot be held responsible for delays due to weather or other circumstances beyond our control and we will not be liable to you for any reasonable delay in the commencement of or completion of the In such situations, we will let you know if we become aware of an unexpected delay and will arrange with you new date(s) to carry out the Work and will revise with you the time estimates we originally provided.
• NRG will not be obliged to carry out the Work unless:

• you have accepted the duly completed Sales Quotation;
• you have confirmed that you are the owner of the Property or the owner of the Property has confirmed to us, in such form as we may require, that he/she authorises the Works;
• the scope of Additional Work (if any) has been agreed between you and NRG;
• a satisfactory survey of the Property has been carried out by NRG in accordance with clause 4;
• NRG is satisfied with your credit check results;
• you have paid the Pre-Payment;
• you have signed direct debit forms (if appropriate); and
• you have provided us with a Declaration of Conformance (if required).

Variation of the scope of Work

• If, before the Work is carried out, you tell us that you wish to change the nature or the scope of Work to be carried out, we will tell you if the Price will change as a result. We will provide you with a new Sales Quotation (which must be signed by you) before we carry out the Work.
• Any variations required to be made to the Central Heating Installation, the Partial Installation or any Additional Work required to properly complete the Work and any additional costs associated therewith, shall be agreed with you prior to the commencement of the Work or as the case may be such Additional Work or variation of the Works.

Cancellation

• Apart from any other cancellation right provided for in any other terms of this Contract, you can cancel your order for the Work up to ten working days before the Work is due to be carried out. However, if you exercise this right of cancellation, you will have to pay to us any costs associated with any Heat Source or Central Heating Parts sourced by us in preparation for the performance of the Work (which cannot be returned to the original supplier or otherwise resold within a reasonable period) before we receive notice of your cancellation. We may deduct these costs from your Pre-Payment and if the costs exceed your Pre-Payment, we may recover the excess from you.

6.  TERMINATION OF THIS CONTRACT

• Once you have accepted the Sales Quotation in accordance with clause 2, neither you nor we may cancel this Contract unless:

• these Terms and Conditions allow it; or
• NRG is in breach of any of the terms of this Contract, in which case you shall be entitled to cancel the Contract; or
• you are in breach of any of the terms of this Contract, in which case NRG shall be entitled to cancel the Contact; or
• you have not paid the Pre-Payment;
• you (in our reasonable opinion) have no reasonable prospect of paying the Price on the due date, in which case we may request payment of the Price in full before we commence the Work, failing which we may cancel the Contract; or
• there is a health and safety issue that means it is inappropriate for the Contract to continue, in which case, we may cancel the Contract.
  • If you cancel the Contract in accordance with clause 1(b), our liability to you is as set out in clause 13.
  • Without affecting any other right or remedy we may have, if we cancel the Contract, where we are permitted to do so pursuant to clause 6.1, we shall be entitled to charge you the reasonable costs we have incurred in carrying out the Contract before the date of We may deduct these costs from your Pre-Payment, and if the costs exceed your Pre-Payment, we may recover the excess from you.

7.  PRICE PAYABLE BY YOU

The Price payable for the Work is as set out in the Sales Quotation. All prices quoted are inclusive of VAT at the applicable rate from time to time.

8.  PAYMENT TERMS

• We will run a credit check against you in advance of the NRG Consultant providing you with the duly completed Sales The purpose of this credit check is to determine the appropriate payment terms for the Work, which will be as set out in the Sales Quotation.
• You can pay for the Work by any of the following methods:

• by paying in full by way of one lump sum payment at the time of placing your order for the Work; or
• by paying the Pre-Payment at the time of placing your order for the Work and by paying the balance upon completion of the Work, after which an invoice will be issued to you. Pre-payment amount may vary at NRG Consultant discretion. Prepayment amounts are normally 20-30% of total price;
• by paying in full on completion of Work- subject to NRG approval; or

In the case of payment option (b), there are several different Pre-Payment requirements which depend on the Price for the Work and your situation and credit history. NRG will determine the amount of the Pre-Payment required and this amount will be reflected in your Sales Quotation.

8.5 We will ask for your payment details and preferred payment method in advance of providing you with a completed Sales Quotation and will also advise you of the relevant amount.

8.6 If 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.

9.  WARRANTIES

• Notwithstanding anything to the contrary in any manufacturer’s instructions, guidelines or any other materials which may be provided with the Heat Source, the Central Heating Parts or the Controls (as the case may be), the only warranties given in relation to the Heat Source, the Central Heating Parts or the Controls are those set out in this clause 9 of these Terms and Conditions.
• With regard to the supply of the Heat Source, the Central Heating Parts and/or the Controls (as the case may be), and of any other materials supplied as part of the Central Heating Installation, the Partial Installation, NRG warrants that at the time the Work is carried out the Heat Source, the Central Heating Parts or the Controls (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).
• With regard to the installation of the Heat Source, the Central Heating Parts or the Controls (as the case may be), NRG warrants that: the Installation Engineer has the necessary skill to install the Heat Source, the Central Heating Parts or the Controls (as the case may be); the Installation Engineer will install the Heat Source, the Central Heating Parts or the Controls (as the case may be) with due skill, care and diligence PROVIDED ALWAYS that where the Installation Engineer has complied with all the manufacturer’s instructions and guidelines as regards the installation of the Heat Source, the Central Heating Parts or the Controls (as the case may be), the Installation Engineer shall be regarded as having met the appropriate standard of skill, care and diligence; and, where materials are used for the purposes of installing the install the Heat Source, the Central Heating Parts and/or the Controls (as the case may be), they will be sound and reasonably fit for the purpose for which they are required.
• In addition to the warranties set out in clauses 2 and 9.3 above but subject to clause 9.7

below, NRG warrants that it will, within a period of twelve months from the date of completion of the Work, repair or replace free of charge any faulty Heat Source or Central Heating Parts or Controls supplied by it under this Contract and that it will remedy free of charge any defective workmanship on the part of NRG in carrying out the Work. This guarantee shall apply only to defects or failure to meet heating standards which appear within a period of twelve months from the date that the Work was completed and provided any defect is notified to NRG in writing within 21 days of when you become or ought reasonably to have become aware of the defect. This guarantee is in addition to and not in substitution of your rights at law.

• Equipment we install may come with separate manufacturer’s warranty. You are responsible for checking whether a separate warranty applies to the equipment we install and maintaining any such warranty with the manufacturer directly.
• Where there is a fault with any Heat Source or Central Heating Parts or Controls, we reserve the right to utilise the manufacturer of the Heat Source or Central Heating Parts for call outs in

accordance with any guarantee provided by the manufacturer.

• NRG will not be responsible or have any liability for:

• any breakdown or failure or inefficient operation of the central heating system (or any part thereof), the Heat Source, the Central Heating Parts or the Controls (as the case may be) caused (without limitation) by the following:
  • use of your new central heating system or the Central Heating System, the Heat Source, the Central Heating Parts and/or the Controls or any part thereof (as the case may be) for purposes for which it was not designed or intended;
  • failure by you or any person other than NRG, its representatives, servants, employees or agents (including the Installation Engineer) to comply with any of the manufacturer’s instructions and guidelines as regards the operation of your new central heating system, the Central Heating System, the Heat Source, the Central Heating Parts and/or the Controls (as the case may be);
  • failure by you or any other person (other than NRG or our representatives, servants, employees or agents) to comply with any directions, instructions, advice or guidelines issued or provided by us to you relative to the Works, the central heating system, the Heat Source, the Central Heating Parts and/or the Controls as the case may be;
  • any defect caused by malicious or wilful action, negligence, misuse or third party interference;
  • any defect or damage occasioned by fire, lightening, explosion, flood, storm, frost impact or other extraneous cause;
  • any defect or damage arising because of a failure or withdrawal of the electricity supply;
  • normal wear and tear or any deterioration in the condition, effectiveness or operation of your new central heating system, the Central Heating System, the Heat Source, the Central Heating Parts or the Controls (as the case may be) or any part thereof as a result of its use or the passing of time; and /or
• any repair or replacement costs of:

• certain consumer replaceable items including, without limitation, filters, batteries and light bulbs;
• items that are associated with, but not directly connected to the Central Heating System, your new central heating system, the Heat Source, the Central Heating Parts or the Controls (as the case may be), including, without limitation, pipe work and electrical connections.
• You will be liable for and shall pay us in respect of the cost of a visit by an Installation Engineer to your home where the Installation Engineer does not find a fault.

10.  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 these Terms and Conditions to any company or person.

11.  CONDITION OF THE CENTRAL HEATING SYSTEM

• We do not accept responsibility and shall not be liable for any deficiency or inadequacy attributable to or in the original design or installation of the Central Heating System or the hot water system (e.g. heating up time, incorrect radiator sizes, faulty pipe work or lack of water circulating in any part of the Central Heating System, or damage resulting from disturbance of existing supplies, tanks or cylinder).
• No responsibility or liability is accepted for the quality or condition of any existing equipment in the Property (including without limitation the Central Heating System and hot water system or any part thereof).
• Where we have connected new equipment to your existing Central Heating System, we will not accept responsibility or any liability for the cost of repairing or replacing parts of your existing Central Heating System which subsequently develops faults unless we have been negligent in not realising that such damage may occur or the way we carried out the Work caused the fault. Nor will we accept responsibility or liability for failure by your Central Heating System to function properly because your electricity or water supply becomes inadequate or the water pressure is variable.

12.  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 these Terms and Conditions.

13.  GENERAL LIMITATIONS OF OUR OBLIGATION

• We shall not be liable if any work is carried out on your Central Heating System or on any of the materials supplied as part of the Work (including the Heat Source, the Central Heating Parts and/or the Controls) by any other party without our prior written consent, if such work has the effect of reducing the effectiveness of any part of the Central Heating System or your new central heating system. 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 having been carried out on the Central Heating System or on any of the materials supplied as part of the Work by any party other than NRG without our prior written consent.
• We shall not be liable if we, and/or the Installation 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; or any act or omission of any nature whatsoever on the part of you or your agents.
• We shall not be liable for loss of rent, loss of use, loss of enjoyment, loss of business or loss of reputation, economic loss or any indirect, special or consequential loss you suffer arising out of or in connection with the provision or non-provision of any goods or services under this Contract or any defects in or breach of warranty with respect to any good or service provided pursuant to and in accordance with this Contract.
• 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 as set out in clause 9, except that nothing herein purports to disallow liability for fraud, or liability in the event of death or personal injury attributed to NRG or its agents or to exclude any liability or responsibility, the exclusion of which would be contrary to Irish law.
• We are not liable for:

• any damage caused by failures of your (new or existing) central heating system or any part thereof (whether or not installed by us) that result from your decision not to carry out remedial or additional work that we have recommended;
• normally insured risks, such as subsidence, structural repairs, fire, theft, accident, explosion, flood or storm, whether or not so insured;

• remedial or extension work arising from structural or renovation work carried out at your Property by you or a third party, for example the removal of radiators or addition of new equipment or central heating or hot water system extensions;
• any costs associated with re-housing the occupants of a property or for any costs associated with alternative heating methods in circumstances where we are required to disconnect your Heat Source or your new or existing central heating system (whether or not installed by us); or
• the cost of any reinstatement or redecoration required as a result of the Work we undertake unless the reinstatement or redecoration is required because we have been negligent, or we are in breach of this Contract or our statutory duty.

14.  DATA PROTECTION NOTICE

• In order that NRG may perform its obligations under these Terms and Conditions and provide you with an effective service, it is necessary for NRG to collect and use data relating to you while you are being supplied with this service. This data is used mainly to manage our relationship with you and for the carrying out of the Work, including for example, visits to your home. In addition, data relating to you may be used for health and safety, administration, risk assessment, marketing and credit checking NRG may keep your data for a reasonable period after it has ceased to provide you with this service but will not keep it for any longer than is necessary and/or as required by law.
• NRG may disclose your data to other members of the NRG group and agents who act on behalf of NRG in connection with the activities referred to above, including to any agent or third-party service provider who NRG may engage to assist us in the performance of the Such agents or third parties are only permitted to use your data as instructed by NRG. They are also required to keep your data safe and secure.
• From time to time you may speak to employees of NRG (or agents acting on its behalf) by telephone. To ensure that NRG provides a quality service, your telephone conversations may be NRG will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with NRG or any other purposes mentioned in these Terms and Conditions.
• You have the right to ask for a copy of your personal data (NRG is entitled to

charge a nominal administration fee for this). If you wish to avail of this right, you should submit a written request to:

NRG – Data Protection Officer, NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

To protect your privacy, you may also be asked to provide suitable proof of identification. If any of your details are incorrect, please let us know and we will amend them.

15.  MARKETING

• NRG, members of the NRG group and/or agents acting on behalf of NRG may wish to contact you by text message, e-mail, post, telephone or in person with information about products or services which may be of interest to you. Please carefully follow the instructions below to ensure that your marketing preferences are
• If you do not wish to be contacted by e-mail or text message with information about NRG products and services which are designed to promote energy efficiency in the home, please exercise your right of opt-out as described below.
• If you do not wish to be contacted by post, telephone or in person with information about NRG products or services, please exercise your right of opt-out as described below.

15.4  How to exercise your right of opt-out

You can exercise your right of opt-out by either:

by calling our customer contact team at 042 9749322; by email to: info@nrg.ie

or through our website at www.nrgpanel.ie or by letter to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

16.  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:

• You can exercise your complaint by either:

calling our customer contact team at 042 9749322 email to info@nrg.ie

or through our website at www.nrgpanel.ie or by letter to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

17.  GENERAL

• Notices: Any notice or account sent by ordinary post pursuant to these Terms and Conditions shall be deemed to have been received on the day that is the second postal day after the day of such posting. Any notice sent by you by electronic mail shall be deemed to have been received upon confirmation of receipt from NRG by electronic mail or by Any notice required or permitted to be given by you shall be in writing addressed to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

or such other address or electronic mail address as may be provided to you by NRG from time to time.

• Amendments: We reserve the right to change these Terms and We will publish details of any changes on the NRG website at www.nrgpanel.ie as soon as possible prior to the changes being introduced.
• No waiver: No forbearance, indulgence, or relaxation on the part of NRG shown or granted to you shall in any way affect, diminish, restrict, or prejudice the rights or powers of NRG or operate as or be deemed to be a waiver of any breach of these Terms and Conditions.
• Severance: If any provision of these Terms and Conditions 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.
• Governing Law: These Terms and Conditions shall be governed by and construed in accordance with Irish law. The parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
• NRG Re-Organisation: Notwithstanding anything to the contrary in this Contract, if we or the Government of Ireland or any Department thereof, whether pursuant to Directive 2009/73/EC or otherwise howsoever, should re-organise the business and/or legal structure of NRG (whether by dividing its business between two or more corporate bodies or otherwise), our rights and obligations under this Contract may be divided between such bodies or assigned or novated to any one or more of such bodies (in whole or in part) and you shall thereafter deal with such bodies as if the parts of this Contract relevant to the business of such bodies formed a contract between you and such corporate bodies.
• Entire Agreement: The parties acknowledge that these Terms and Conditions and the

Sales Quotation constitute the complete agreement between the parties and supersede 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.

18.  GLOSSARY

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

“Additional Work” means any additional and/or rectification work that is required to complete the Work, which was not included in the Sales Quotation or was not reasonably foreseeable on a visual inspection of the Property by the NRG Consultant before we gave our Sales Quotation;

“Heat Source” means the main central heating domestic Heat Source(s) to be installed as part of the Work as set out in your Sales Quotation (if any);

“NRG”, “us” or “we” means Energy Panel Ltd

“NRG Consultant” means a qualified and experienced assessor engaged by NRG to carry out an assessment on your home, and advise you on services you may wish to have carried out;

“B.S. 7593: 2006” means the British standard code of practice for treatment of water in

domestic hot water central heating systems, as laid down by the British Standards Institute, as amended or replaced from time to time, and any reference in these terms and conditions to a specific provision of B.S. 7593: 2006 shall be a reference to such provision as amended or replaced from time to time;

“Central Heating Installation” shall have the meaning given to that term in clause 2.1; “Central Heating Parts” means any central heating parts to be installed as part of the Work as set out in Your Sales Quotation, other than a Heat Source;

“Central Heating System” means your existing central heating system at the Property (if any) including:

• the existing Heat Source;
• the existing Controls, (including electrical temperature controls); and
• all existing pipes, pumps, radiators, valves, hot water cylinders and the expansion vessel;

“Contract” means the contract between you and NRG for carrying out the Work which shall include these Terms and Conditions and the Sales Quotation;

“Controls” means the programmer/time clock(s), room thermostat (if fitted), cylinder thermostat (if fitted) and zone valves (but excluding the fused spur switch);

“Declaration of Conformance Certificate” means a declaration of conformity issued by an RGII accredited engineer in accordance with I.S. 813: 2002;

“Health and Safety Laws and Standards” means:

• the applicable requirements of health and safety legislation in Ireland including, but not limited to, the Safety Health & Welfare at Work Act 2005 and any regulations made thereunder from time to time;
• The Building Control Acts 1990 and 2007 and any relevant Building Regulations made thereunder; and
• all relevant safety standards applicable in Ireland, including, without limitation, S. 813: 2002 and B.S. 7593:2006;

“Installation Engineer” means a qualified and experienced engineer (accredited) engaged by NRG to carry out the Work;

“I.S. 813: 2002” means Irish Standard for the Domestic Gas Installation Standard 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 shall be a reference to such provision as amended or replaced from time to time;

“Notification of Hazard” means a notification issued to you in accordance with the requirements of I.S. 813: 2002 to advise of a defect of a gas installation which might affect the safety of persons or property;

“Partial Installation” shall have the meaning given to that term in clause 2.2; “Parties” means us and you;

“Pre-Payment” means that part of the Price you must pay before we will start the Work, as set out in your Sales Quotation;

“Price” means the total price you must pay for the Work as set out in your Sales Quotation;

“Property” means the domestic address shown on your Sales Quotation at which we shall carry out the Work; “Sales Quotation” means the form that sets out the Work that NRG will carry out at the Property and the Price;

“RGII” means the Register of Gas Installers of Ireland;

“Scope of Works” means the summary of the steps involved in the Work; “Terms and Conditions” means these terms and conditions;

“You or your” mean the person or people who have entered into this Contract with NRG and includes a person who we reasonably believe is acting with your authority or knowledge;

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

“Work” means the work that we shall carry out at the Property, as detailed in the Scope of Works appended to your Sales Quotation, being either a Central Heating Installation or a Partial Installation.

NRG PANEL – HEAT PUMP SERVICE RATECARD

€

Annual Service/Safety Check (90 mins)                                                                  205

Each additional 30mins post initial 90mins Annual Service/Safety Check allotted time                                                                                                                              75

Breakdown/72 Hour Response                                                                                  180

Each additional 30mins post initial 60mins Breakdown/72 Hour Response allotted time                                                                                                                              75

Standard Powerflush- up to 6 Radiators                                                                    475

Each additional radiator above 6 radiators Standard Powerflush                                35

Technical site survey of your existing heating system                                              275

MagnaClean central heating system filter- price tailored to existing system

Prices include VAT @13.5%

PROVISION OF THE POWER FLUSHING SERVICE.

By ordering the power flushing service you accept the following terms and conditions.

Particular attention is drawn to clauses 6 (risk notice and waiver) and 12 (data protection notice). Please read these carefully.

1. POWER FLUSHING
   • The NRG Power Flushing Service involves flushing or cleansing the 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.
   • While the Power Flushing Service is, as far as NRG is aware, the most successful method commercially available to date (with the exception of magnetic filtration), 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 that the Power Flushing Service will be effective in cleaning your particular Central Heating System.
   • Subject to 1, the NRG Assessor 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/”Gun Barrel”/GB central heating systems.

2.  SCOPE OF SERVICE

• A Service Engineer will carry out the Power Flushing Service on your Central Heating System in accordance with the following safety standards: BS 7593 and Annex E of IS 813 (where applicable). The steps involved in the procedure are outlined at 2.3 below.
• For the avoidance of doubt, the Power Flush Service does not include a safety check of your Central Heating System.
• 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-ups or 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
• If, in the course of preparing for or providing the Power Flushing Service the Service Engineer identifies that your Central Heating System requires any additional work or replacement parts, any such work or parts which NRG agrees to provide, shall be the subject of a separate agreement between us and shall not be included in the cost of the Power Flushing Service.

Neither NRG nor the Service Engineer give any commitment that they will identify any such additional work or replacement parts which 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 Central Heating System.

3.  COMMENCEMENT AND CANCELLATION

• Commencement: When you order the Power Flushing Service NRG will run a credit check against you. If this is satisfactory to NRG, the Service Engineer will carry out the Power Flushing Service on the date agreed between you and NRG at the time that you book the Power Flushing Service with KN. 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. NRG will not be obliged to carry out the Power Flushing Service unless it is satisfied with your credit check results and unless and until payment for the service has been made in accordance with the payment provisions of these Terms and Conditions.
• Cancellation: In circumstances where you order the Power Flushing Service over the phone, you can cancel the Power Flushing Service within seven working days of receiving these terms, without giving a reason, and without incurring any charges, unless the service has been carried out before the end of this period with your Otherwise, you can cancel the Power Flushing Service up to 5 working days before the service is due to be carried out. If you cancel less than 5 days before the service is due to be carried out, we will charge you a cancellation fee equal to 50% of the overall cost. You will be deemed to have cancelled with less than 5 days notice if, without at least 5 days prior notice to us, the Service Engineer cannot access your Central Heating System 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 is 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 your debit/credit card.

4.  PRICE PAYABLE BY YOU

• The price payable for the Power Flushing Service is as set out on the NRG website at the date of the You can check the current rates applicable to the Power Flushing Service on the NRG website at www.nrgpanel.ie. All prices quoted are inclusive of VAT at the applicable rate from time to time.
• 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 after the Power Flushing Service has been carried out, we will charge you for any such additional time in 30 minute units. You can check the current applicable rates on the NRG website at nrgpanel.ie or by calling our customer contact team on the telephone number provided on the Sales Order Form.

5.  PAYMENT TERMS

• You can pay for the Power Flushing Service by any of the following methods:

• by paying in full by way of one lump sum payment at the time of booking the Power Flushing Service; or
• by paying an initial prepayment amount at the time of booking the Power Flushing Service and by paying the balance upon completion of the Power Flushing An invoice will be issued to you after the service has been provided; or
• by paying in one lump sum upon completion- at the discretion of NRG

In the case of payment options (b) there are a number of different prepayment requirements which depend on your situation and credit history. KN

will determine the amount of the prepayment required and will confirm this to you at the time you book the Power Flushing Service.

• We will ask for your payment details and preferred payment method at the same time that we book the Power Flushing Service with you, and the relevant amount (depending on which of the payment options at 5.1(a), (b) or (c) you choose) will be payable by you at that time.
• If 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.  RISK NOTICE AND WAIVER

• 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, boilers and/or other components of your Central Heating System.

NRG will not inspect the internal condition of your Central Heating System in advance of carrying out the Power Flushing Service. Accordingly, even if the NRG Assessor confirms that the Power Flushing Service can be carried out on your Central Heating System, no representation, warranty or other commitment is made by NRG as to the suitability of the Power Flushing Service for your Central Heating System and no guarantee is given that the Power Flushing Service will not result in any damage to the pipes, radiators or boiler or any other component of your Central Heating System.

• NRG does not accept responsibility under any circumstances whatsoever, for any damage caused to property or persons resulting from the operation of the Power Flushing Service if such damage is attributable in whole or in part to the pre-existing condition of the Central Heating System and you waive any and all claims against NRG in respect of any such
• 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.

7.  WARRANTY

• NRG warrants that the Service Engineer has the necessary skill to carry out the Power Flushing Service, that the Service Engineer will supply the Power Flushing Service with due skill, care and diligence, and that, 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.
• The effectiveness of the Power Flushing Service will depend on the condition of your Central Heating System and accordingly NRG makes no representation, warranty 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 or boiler or any other component of your Central Heating System.

8.  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 these Terms and Conditions to any company or person.

9.  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.

10.  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 these Terms and Conditions.

11.  GENERAL LIMITATIONS OF OUR OBLIGATION

• We shall not be liable if any work is carried out on your Central Heating System by any other party if such work has the effect of reducing the effectiveness of the Power Flushing Service. 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 KN.
• 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 these Terms and Conditions.
• 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 NRG 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.

12.  DATA PROTECTION NOTICE

• In order that NRG may perform its obligations under these Terms and Conditions and provide you with an effective service, it is necessary for NRG to collect and use data relating to you while you are being supplied with this This data is used mainly to manage our relationship with you and for the provision of the Power Flushing Service, including for example, visits to your home. In addition, data relating to you may be used for health and safety, administration, risk assessment, marketing and credit checking purposes.

NRG may keep your data for a reasonable period after it has ceased to provide you with this service but will not keep it for any longer than is necessary and/or as required by law.

• NRG may disclose your data to other members of the NRG group and agents who act on behalf of NRG in connection with the activities referred to above, including to any agent or third party service provider who NRG may engage to assist us in the

performance of the service. Such agents or third parties are only permitted to use your data as instructed by NRG. They are also required to keep your data safe and secure.

• From time to time you may speak to employees of NRG (or agents acting on its behalf) by telephone. To ensure that NRG provides a quality service, your telephone conversations

may be recorded. NRG will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with NRG or any other purposes mentioned in this Notice.

• You have the right to ask for a copy of your personal data (NRG is entitled to charge a nominal administration fee for this). If you wish to avail of this right, you should submit a written request to:

Data Protection Officer, NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

To protect your privacy, you may also be asked to provide suitable proof of identification. If any of your details are incorrect, please let us know and we will amend them.

13.  MARKETING

• NRG, members of the NRG group and/or agents acting on behalf of NRG may wish to contact you by text message, e-mail, post, telephone or in person with information about products or services which may be of interest to Please follow carefully the instructions below to ensure that your marketing preferences are respected.
• If you do not wish to be contacted by e-mail or text message with information about NRG products and services which are designed to promote energy efficiency in the home, please exercise your right of optout as described below.
• If you do not wish to be contacted by post, telephone or in person with information about NRG products or services, please exercise your right of optout as described
• How to exercise your right of opt-out

You can exercise your right of opt-out by either:

calling our customer contact team at 042 9749322

or by email to info@nrg.ie or through our website at www.nrgpanel.ie or by letter to: NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

14.  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:

You can exercise your right of opt-out by either:

by calling our customer contact team at 042 9749322; by email to info@nrg.ie;

or through our website at www.nrgpanel.ie; or by letter to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

15.  GENERAL

• Notices: Any notice or account sent by ordinary post pursuant to these Terms and Conditions shall be deemed to have been received on the day that is the second postal day after the day of such posting. Any notice sent by the Customer by electronic mail shall be deemed to have been received upon confirmation of receipt from NRG by electronic mail or by post. Any notice required or permitted to be given by the Customer shall be in writing addressed to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

or such other address or electronic mail address as may be provided to the Customer by NRG from time to time.

• Amendments: We reserve the right to change the Terms and Conditions applicable to the Power Flushing Service 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 NRG website at nrgpanel.ie as soon as possible prior to the changes being introduced.
• No waiver: No forbearance, indulgence or relaxation on the part of NRG shown or granted to the Customer shall in any way affect, diminish, restrict or prejudice the rights or powers of NRG or operate as or be deemed to be a waiver of any breach of these

Terms and Conditions.

• Severance: If any provision of these Terms and Conditions 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.
• Governing Law: These Terms and Conditions shall be governed by and construed in accordance with Irish The parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
• NRG Re-Organisation: Notwithstanding anything to the contrary in these Terms and Conditions, if NRG or the Government of Ireland or any department thereof should reorganise the business and/ or legal structure of NRG (whether by dividing its business between two or more corporate bodies or otherwise), the obligations of NRG may be divided between such bodies and the Customer shall thereafter deal with such bodies as if the parts of these Terms and Conditions relevant to the business of such bodies formed a contract between the Customer and such corporate bodies.
• Entire Agreement: The parties acknowledge that these Terms and Conditions and the Sales Order Form constitute the complete agreement between the parties and supersede 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.

16.  GLOSSARY

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

“NRG”, “us” or “we” means NRG Panel;

“NRG Assessor” means a qualified and experienced energy assessor engaged by NRG to carry out an energy assessment on your home, and advise you on services you may wish to have carried out to improve the energy efficiency of your home;

“Central Heating System” means the heat source, 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;

“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;

“Power Flushing Service” means the service described in clause 1; “RGII” means the Register of Gas Installers of Ireland;

“Sales Order Form” means the sales order form to which these Terms and Conditions are appended, and which is signed by the Customer;

“Service Engineer” means a qualified and experienced (RGII accredited where required) engineer engaged by NRG to carry out the Power Flushing Service;

“Terms and Conditions” means the terms and conditions in respect of the Power Flushing Service including the Sales Order Form; and

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

DOMESTIC HEAT PUMP REPAIR

• SCOPE:
  • NRG Heat Pump Repair includes one site visit by an NRG Service Engineer to the Property to carry out various tests and checks on the Heat Pump in order to diagnose the fault with it. All visual checks and tests applied are in accordance with the current edition of Irish Standard SR50-4:2021as laid down by the National Standards Authority of Ireland for Heat Pump The Service Engineer will follow manufacturer’s instructions as outlined in the installation and servicing instructions as supplied with the Heat Pump. The price quoted by the NRG Scheduling team is for the repair of a central heating Heat Pump that does not exceed 17kW (58000 Btu approx) output. The Heat Pump Repair is applicable for Monobloc System Heat Pumps and Split Heat Pumps with a separate indoor and outdoor units.
  • The Service Engineer will provide you with a verbal update on the fault with the Heat Pump and the estimated costs involved in repairing the Heat Pump. This may include the costs of providing new parts or components for the Heat Pump. The Service Engineer will also provide you with an estimate of the time it will take to repair the Heat Pump. Please be aware that sometimes it may not be possible to carry out the repair during the initial diagnosis visit.
  • Please note that some repairs may take a longer period of time than estimated and additional charges may be incurred as set out in clause 4.1.

• RATES

2.1 Payment for the repair of the Heat Pump is as per rate card published on the NRG Panel website. Additional time spent fault finding will be charged in 30 minute units as per rate card published on the NRG Panel website. All additional charges must be paid for upon completion of works. Should the engineer need to leave premises to source spare parts, payment will be required for repair call out plus any additional labour charges. The engineer will then advise of any further costs for the spare part and fitting.

2.1  The price is inclusive of VAT at ruling rate.

3 INTENTIIONALLY LEFT BLANK

4 PROVISION OF SPARE PARTS

• The Service Engineer may identify parts/component failure or potential failure. The customer will be advised of the cost of replacement and if necessary, with the authorisation of the customer, will supply and fit adequate replacement parts or components, which may not be the same as the original parts being replaced. A warranty of one year will apply to the part from date of installation. NRG Panel will not be held responsible for any delay in the provision of spare parts by suppliers or manufacturers.

Condition of Central Heating Appliance

5 INTENTIIONALLY LEFT BLANK

Repairing a central heating Heat Pump does not imply that it is installed satisfactorily or to the prevailing standards or regulations. NRG Panel will not accept responsibility for any inadequacy attributable to the original design and makes no warranty as to fitness for purpose or condition.

6. USE OF SUB-CONTRACTORS
   • NRG Panel reserve the right to use sub-contractors to carry out this appliance repair work.
7. LIMITATIONS OF OBLIGATION
   • We shall not be liable if any work is carried out on the Heat Pump, appliance or system by any other party – any such action will give us the immediate right to terminate any warranty applicable. 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 Heat Pump, appliance or system by any party other than NRG 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 this Agreement.
• 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 NRG 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.

8. WARRANTY

All work undertaken by the Service Engineer while repairing the Heat Pump carries a thirty (30) day warranty. Subject to the other provisions of this clause, if you have any problems with the Heat Pump after the work has been done there will be no call out charge applied if the Service Engineer must call back and the issue is identified as being related to the original repair call out. If, when he calls back, the Service Engineer identifies a problem with the Heat Pump that is not related to the service he carried out, the Service Engineer will advise you of the cost of the labour and any replacement parts necessary to rectify the matter. Subject to your approval, 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. Time will be charged in 30 minute units. You can check the current applicable rate on the NRG website at www.nrgpanel.ie from time to time.

9. Refusal
   • NRG shall be entitled to terminate the Heat Pump Repair at any time without assigning a reason.

NRG may refuse to repair an appliance, if, in the opinion of a Service Engineer, your Heat Pump:

• can no longer be maintained in good working order by the provision of replacement spare parts
• is damaged beyond economic repair otherwise than through default of NRG Panel
• is unsafe
• if the appliance requires specialist training/equipment/technical advice that is not available to NRG or its representatives.
  • Upon termination/refusal, NRG Panel will have no further duties with respect the Heat Pump Repair.

10.  ASSIGNMENT

This Agreement is personal to you and therefore it 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 the Agreement to any company or person.

11 DATA PROTECTION NOTICE

• In order that NRG may perform its obligations under these Terms and Conditions and provide you with an effective service, it is necessary for NRG to collect and use data relating to you while you are being supplied with this service. This data is used mainly to manage our relationship with you and for the provision of the service, including for example, visits to your home. In addition, data relating to you may be used for health and safety, administration, risk assessment, marketing. NRG may keep your data for a reasonable period after it has ceased to provide you with this service but will not keep it for any longer than is necessary and/or as required by law.
• NRG may disclose your data to other members of the NRG group and agents who act on behalf of NRG in connection with the activities referred to above, including to any agent or third-party service provider who NRG may engage to assist us in the performance of the service. Such agents or third parties are only permitted to use your data as instructed by They are also required to keep your data safe and secure.
• From time to time you may speak to employees of NRG (or agents acting on its behalf) by telephone. To ensure that NRG provides a quality service, your telephone conversations may be recorded. NRG will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with NRG or any other purposes mentioned in this

12.  MARKETING

• NRG, members of the group and/or agents acting on behalf of NRG may wish to contact you by text message, e-mail, post, telephone or in person with information about products or services which may be of interest to you. Please carefully follow the instructions below to ensure that your marketing preferences are respected.
• If you do not wish to be contacted by e-mail or text message with information about NRG products and services which are designed to promote energy

efficiency in the home, please exercise your right of opt-out as described below.

• If you do not wish to be contacted by post, telephone or in person with information

about NRG products or services, please exercise your right of opt-out as described below.

• How to exercise your right of opt-out:

You can exercise your right of opt-out by either:

by calling our customer contact team at 042 9749322 by email to info@nrg.ie

or through our website at www.nrgpanel.ie or by letter to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

13.  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 our customer contact team at 042 9749322
• by email to info@nrg.ie or through our website at nrgpanel.ie or by letter to: Customer Care,

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

14.  GENERAL

• Notices: Any notice or account sent by ordinary post pursuant to the Heat Pump Service/Safety Check shall be deemed to have been received on the day that is the second postal day after the day of such posting. Any notice sent by the customer by electronic mail shall be deemed to have been received upon confirmation of receipt from NRG by electronic mail or by post.

Any notice required or permitted to be given by the customer shall be in writing addressed to:

NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

or such other address or electronic mail address as may be provided to the customer by NRG from time to time.

• Amendments: We reserve the right to change the Terms and Conditions of the Heat Pump Repair agreement. We will publish details of any changes on the NRG website at nrgpanel.ie as soon as possible prior to the changes being introduced.
• No waiver: No forbearance, indulgence or relaxation on the part of NRG shown or granted to the customer shall in any way affect, diminish, restrict or prejudice the rights or powers of NRG or operate as or be deemed to be a waiver of any breach of the Level 1 Agreement.
• Severance: If any provision of the Heat Pump Repair 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
• Governing Law: The Heat Pump Repair Agreement shall be governed by and construed in accordance with Irish law. The parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
• Entire Agreement: The parties acknowledge that the Heat Pump Repair 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.

15.  GLOSSARY

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

“Heat Pump Repair” means a repair of a Heat Pump as described in clause 1; “NRG”, “us” or “we” means Energy Panel Ltd

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

“SR50-4:2021” means Irish Standard SR50-4:2021for Heat Pump Installations 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 SR50-4:2021 shall be a reference to such provision as amended or replaced from time to time;

“Parties” means us and you;

“Service Engineer” means a qualified and experienced engineer engaged by NRG to carry our Heat Pump servicing and repair works;

“Split Heat Pump” means an appliance that contains a split indoor and outdoor unit; “Monobloc Heat Pump” means an appliance that contains a domestic central heating Heat Pump and plumbing components including a circulating pump, expansion vessel

and safety valve plus internal piping connecting these devices together. “Terms and Conditions” means these terms and conditions; and

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

TECHNICAL SITE SURVEY

1. SOLAR THERMAL SERVICE
   • NRG Solar Thermal Service includes one Solar Thermal Service (as described in the clauses 2.1 and 2.2 below). It does not include any additional labour (subject to clause 7) or any parts required to repair the Solar Thermal If a part or additional labour is required to repair the Solar Thermal System this will be quoted for separately.
   • The price quoted by the NRG Scheduling team is for the service of a central heating Solar Thermal System that does not exceed 10 panels in size. Larger systems may incur additional charges for labour & glycol.
2. SCOPE OF SERVICE
   • Solar Thermal System Service

The NRG service engineer will perform a full annual service on your domestic Solar Thermal System. The service includes numerous separate tests and checks all of which are outlined below. As

part of the Solar Thermal System Service our nominated service engineer will inspect the Solar Thermal System and clean and adjust it as necessary. All visual checks and tests applied are in accordance with industry guidelines and the service engineer follows manufacturer’s instructions as outlined in the installation and servicing instructions where available. The following tests and checks will be applied to the appliance where relevant:

Solar Thermal System Checks

• System press
• Pressure relief valve discharge pipe
• Circulating pump
• Electrical connections
• 3 port valve (if applicable)
• Tank sensor and expansion vessel
• Controls operation
• Glycol condition (replace if required)

• Solar Thermal System
• Exclusions

An annual Solar Thermal Service on your domestic Solar Thermal System will not include any works to your central heating system unless agreed with NRG/ NRG service engineer. Price for any extra works to be agreed prior to commencement.

• Duration of Service

The duration of a Solar Thermal Service will vary depending on the Make/Model/Location/Service Engineer etc. The price includes a maximum time of 90mins labour. However, should the Solar Thermal System require extra labour or parts resulting in extra time being spent at the appliance, additional charges will apply as per NRG rate card.

3. TERM OF SOLAR THERMAL SYSTEM SERVICE AGREEMENT AND TERMINATION
   • Term: Your Agreement provides for a one-off annual Solar Thermal Service
   • Commencement: When you order NRG Solar Thermal Service, the Service Engineer will carry out a Solar Thermal System Service on the date agreed between you and Solar Thermal System Service Visits will be conducted during normal working hours (8am to 6pm Monday to Friday excluding bank holidays and public holidays in Ireland), unless otherwise agreed between the parties.
   • Cancellation: Cancellation of a Solar Thermal Service must be made within 48hours of scheduled appointment. Repeated cancellations/no access may, at the discretion of NRG, result in refusal to carry out Solar Thermal Service.
   • Annual notification: NRG or NRG associated company may contact you to advise of an upcoming service

• by calling our customer contact team on the telephone number provided in

the letter of notification reminding you of your annual Solar Thermal System Service Visit; or

• by electronic mail to the address specified in the letter of notification reminding you of your annual Solar Thermal System Service Visit
  • Termination/Refusal: NRG shall be entitled to terminate the Solar Thermal Service at any time without assigning a reason.

NRG may refuse to service an appliance, if, in the opinion of a Service Engineer, your Solar Thermal System:

• can no longer be maintained in good working order by the provision of replacement spare parts
• is damaged beyond economic repair otherwise than through default of NRG
• is unsafe
• if the appliance requires specialist training/equipment/technical advice that is not available to NRG or its
  • Upon termination/refusal, NRG will have no further duties with respect the Solar Thermal Service

4. PRICE PAYABLE BY YOU
   • The annual amount payable for a Solar Thermal Service is as quoted by the NRG Scheduling Team or as notified to you from time to time in the annual notification reminding you of your Solar Thermal System Service You can check the current rates applicable to a Solar Thermal Service and our other Solar Thermal System servicing products on the NRG website at www.nrgpanel.ie from time to time. All prices quoted are inclusive of VAT at the applicable rate.
   • Solar Thermal Systems that have not been serviced on a regular basis may need additional work & time and this labour element will cost The Service Engineer will advise you of any required labour outside the scope of a Solar Thermal Service prior to commencing any work at all on your Solar Thermal System and will only proceed with your agreement. We will charge you for any additional time outside the scope of a Solar Thermal Service in 30minute units. You can check the current applicable rates on the

NRG website at www.nrgpanel.ie from time to time or by calling our customer contact team on the telephone number provided in the letter of notification reminding you of your annual Solar Thermal System Service Visit.

• If you agree to have the Service Engineer replace parts or components in accordance with clause 6 below, you will also be charged for the costs of such replacement parts or components.

5. PAYMENT TERMS
   • Payment must be made to NRG Panel at point of booking/prior to attendance by Service NRG Panel, on occasion, may accept payment on completion of Solar Thermal System Service
6. PROVISION OF SPARE PARTS
   • The Service Engineer may, during the Solar Thermal System Service Visit, identify parts OR component failure or potential The Service Engineer will advise you of the cost of replacement of any such parts and if necessary, but subject to your 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
   • Any parts or components which are removed from your Solar Thermal System by the Service Engineer will, unless you specify otherwise, be taken away for proper disposal by the Service
7. WARRANTY

All work undertaken by the Service Engineer while servicing the Solar Thermal System carries a thirty (30) day warranty. Subject to the other provisions of this clause, if you have any problems with the Solar Thermal System after the work has been done there will be no call out charge applied if the Service Engineer must call back. If, when he calls back, the Service Engineer identifies a problem with the Solar Thermal System that is not related to the service he carried out, the Service Engineer will advise you of the cost of the labour and any replacement parts necessary to rectify the matter. Subject to your approval, 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. Time will be charged in 30-minute units. You can check the current applicable rate on the NRG website at www.nrgpanel.ie from time to time.

8. ASSIGNMENT

This Agreement is personal to you and therefore it 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 the Agreement to any company or person.

9. CONDITION OF SOLAR THERMAL SYSTEM

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

10. 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.

11. GENERAL LIMITATIONS OF OUR OBLIGATION
    • We shall not be liable if any work is carried out on the Solar Thermal System, appliance, or system by any other party – any such action will give us the immediate right to terminate any warranty applicable. 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 Solar Thermal System, appliance or system by any party other than NRG 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 this Agreement.
    • 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 NRG 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.

12. DATA PROTECTION NOTICE
    • In order that NRG may perform its obligations under these Terms and Conditions and provide you with an effective service, it is necessary for NRG to collect and use data relating to you while you are being supplied with this service. This data is used mainly to manage our relationship with you and for the provision of the service, including for example, visits to your In addition, data relating to you may be used for health and safety,

administration, risk assessment, marketing. NRG may keep your data for a reasonable period after it has ceased to provide you with this service but will not keep it for any longer than is necessary and/or as required by law.

• NRG may disclose your data to other members of the NRG group and agents who act on behalf of NRG in connection with the activities referred to above, including to any agent or third-party service provider who NRG may engage to assist us in the performance of the Such agents or third parties are only permitted to use your data as instructed by NRG. They are also required to keep your data safe and secure.
• From time to time you may speak to employees of NRG (or agents acting on its behalf) by telephone. To ensure that NRG provides a quality service, your telephone conversations may be NRG will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with NRG or any other purposes mentioned in this Notice.

13. MARKETING
    • NRG, members of the group and/or agents acting on behalf of NRG may wish to contact you by text message, e-mail, post, telephone or in person with information about products or services which may be of interest to Please carefully follow the instructions below to ensure that your marketing preferences are respected.
    • If you do not wish to be contacted by e-mail or text message with information about NRG products and services which are designed to promote energy efficiency in the home, please exercise your right of opt-out as described below.
    • If you do not wish to be contacted by post, telephone or in person with information about NRG products or services, please exercise your right of opt-out as described below.
    • How to exercise your right of opt-out

You can exercise your right of opt-out by either:

• by calling our customer contact team at 042 9749322

• by email to info@nrg.ie or through our website at nrgpanel.ie or by letter to: NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

14. 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 our customer contact team at 042 9749322
• by email to info@nrg.ie or through our website at nrgpanel.ie or by letter to: Customer Care, NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

15. GENERAL
    • Notices: Any notice or account sent by ordinary post pursuant to the Solar Thermal Service shall be deemed to have been received on the day that is the second postal day after the day of such Any notice sent by the customer by electronic mail shall be deemed to have been received upon confirmation of receipt from NRG home & energy services Ltd by electronic mail or by post.

Any notice required or permitted to be given by the customer shall be in writing addressed to: NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

or such other address or electronic mail address as may be provided to the customer by NRG home & energy services from time to time.

• Amendments: We reserve the right to change the Terms and Conditions of the Solar Thermal Service agreement. We will publish details of any changes on the NRG website at nrgpanel.ie as soon as possible prior to the changes being introduced.
• No waiver: No forbearance, indulgence or relaxation on the part of NRG shown or granted to the customer shall in any way affect, diminish, restrict or prejudice the rights or powers of NRG or operate as or be deemed to be a waiver of any breach of the Level 1 Agreement.
• Severance: If any provision of the Solar Thermal Service 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.
• Governing Law: The Solar Thermal Service Agreement shall be governed by and construed in accordance with Irish law. The parties irrevocably submit to the exclusive

jurisdiction of the courts of Ireland.

• Entire Agreement: The parties acknowledge that the Solar Thermal Service 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.

16. GLOSSARY

“Annual Service Date” means the yearly anniversary of the date of the first Solar Thermal System Service Visit;

“Solar Thermal System Safety Check” means a safety check of a Solar Thermal System as described in clause 2.2;

“Solar Thermal System Service” means a service of a Solar Thermal System as described in clause 2.1;

“Solar Thermal System Service Visit” means a call-out by a service engineer to perform a Solar Thermal System Service and a Solar Thermal System Safety Check;

“NRG”, “us” or “we” means Energy Panel Ltd

“Customer” or “you” means the customer(s) who makes the Solar Thermal Service Agreement with us, and includes a person who we reasonably believe is acting with

your authority or knowledge;

SR50-4:2021 means Irish standard for Domestic Solar Thermal System Installations 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 SR50-4:2021 shall be a reference to such provision as amended or replaced from time to time;

“Parties” means us and you;

“Service Engineer” means a qualified and experienced engineer engaged by NRG to carry our Solar Thermal System servicing and repair works;

“Split Solar Thermal System” means an appliance that contains a split indoor and outdoor unit; “Monobloc Solar Thermal System” means an appliance that contains a domestic central heating Solar Thermal System and plumbing components including a circulating pump, expansion vessel and safety valve plus internal piping connecting these devices together.

“Terms and Conditions” means these terms and conditions; and

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

TECHNICAL SITE SURVEY INCLUDING HEATING CONTROLS

1. NRG TECHNICAL SITE SURVEY
   • NRG NRG Technical Site Survey includes one NRG Technical Site Survey (as described in the clauses 1 and 2.2 below). It does not include any additional labour (subject to clause 7) or any parts required to repair the heating system. If a part or additional labour is required to repair the Heating System this will be quoted for separately.
   • The price quoted by the NRG Scheduling team is for the survey of a residential central heating system & controls. Larger systems may incur additional charges for labour- e.g. houses with separate self-contained units with separate central heating systems and controls. Please note that an NRG Technical Site Survey including Heating Controls does not include and checks of the central heating heat source – e.g. gas or oil
2. SCOPE OF SERVICE
   • Heating System Technical Site Survey

The NRG service engineer will perform a survey on your domestic Heating System. The survey includes numerous separate tests and checks all of which are outlined below. As part of the Heating System Technical Site Survey, our nominated service engineer will inspect the Heating System and clean and adjust it as necessary. All visual checks and tests applied are in accordance with industry guidelines and the service engineer follows manufacturer’s instructions as outlined in the installation and servicing instructions where available. The following tests and checks will be applied to the appliance where relevant:

Heating System Checks

• System pressure
• Pressure relief valve discharge pipe
• Circulating pump(s) operation
• Electrical connections
• 2 or 3 port valves operation (if applicable)
• Expansion vessel and PRV
• Heating controls operation
• Condition of central heating fluid

• Heating System
• Exclusions

An annual NRG Technical Site Survey on your domestic Heating System will not include any works to your central heating system unless agreed with NRG/ NRG service engineer. Price for any extra works to be agreed prior to commencement.

• Duration of Service

The duration of a NRG Technical Site Survey will vary depending on the Make/Model/Location/Service Engineer etc. The price includes a maximum time of 60mins labour. However, should the Heating System require extra labour or parts resulting in extra time being spent at the premsies, additional charges will apply as per NRG rate card.

3. TERM OF HEATING SYSTEMSERVICE AGREEMENT AND TERMINATION
   • Term: Your Agreement provides for a one-off annual NRG Technical Site Survey
   • Commencement: When you order NRG Technical Site Survey, the Service Engineer will carry out a Heating System Technical Site Survey on the date agreed between you and Heating System Technical Site Survey Visits will be conducted during normal working hours (8am to 6pm Monday to Friday excluding bank holidays and public holidays in Ireland), unless otherwise agreed between the parties.
   • Cancellation: Cancellation of a NRG Technical Site Survey must be made within 48hours of scheduled appointment. Repeated cancellations/no access may, at the discretion of NRG, result in refusal to carry out NRG Technical Site Survey.
   • Annual notification: NRG or NRG associated company may contact you to advise of an upcoming service

• by calling our customer contact team on the telephone number provided in

the letter of notification reminding you of your annual Heating System Technical Site Survey Visit; or

• by electronic mail to the address specified in the letter of notification

reminding you of your annual Heating System Technical Site Survey Visit

• Termination/Refusal: NRG shall be entitled to terminate the NRG Technical Site Survey at any time without assigning a reason.

NRG may refuse to carry out a Central Site Survey without assigning a reason and NRG will have no further duties with respect the NRG Technical Site Survey

4. PRICE PAYABLE BY YOU
   • The annual amount payable for a NRG Technical Site Survey is as quoted by the NRG Scheduling Team or as notified to you from time to time in the annual notification reminding you of your Heating System Technical Site Survey Visit. You can check the current rates applicable to a NRG Technical Site Survey and our other Heating System products on the NRG website at nrgpanel.ie from time to time. All prices quoted are inclusive of VAT at the applicable rate.
   • The Service Engineer will advise you of any required labour outside the scope of a NRG Technical Site Survey prior to commencing any work at all on your Heating System and will only proceed with your agreement. We will charge you for any additional time outside the scope of a NRG Technical Site Survey in 30minute You can check the current applicable rates on the NRG website at www.nrgpanel.ie from time to time or by calling our customer contact team on the telephone number provided in the letter of notification reminding you of your annual Heating System Technical Site Survey Visit.
   • If you agree to have the Service Engineer replace parts or components in accordance with clause 6 below, you will also be charged for the costs of such replacement parts or components.
5. PAYMENT TERMS
   • Payment must be made to NRG Panel at point of booking/prior to attendance by Service NRG Panel, on occasion, may accept payment on completion of Heating System Technical Site Survey.

6. PROVISION OF SPARE PARTS
   • The Service Engineer may, during the Heating System Technical Site Survey Visit, identify parts OR component failure or potential The Service Engineer will advise you of the cost of replacement of any such parts and if necessary, but subject to your 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
   • Any parts or components which are removed from your Heating System by the Service

Engineer will, unless you specify otherwise, be taken away for proper disposal by the Service Engineer.

7. WARRANTY

All work undertaken by the Service Engineer while surveying the Heating System carries a thirty (30) day warranty. Subject to the other provisions of this clause, if you have any problems with the Heating System after the work has been done there will be no call out charge applied if the Service Engineer must call back. If, when he calls back, the Service Engineer identifies a problem with the Heating Systemt hat is not related to the service he carried out, the Service Engineer will advise you of the cost of the labour and any replacement parts necessary to rectify the matter. Subject to your approval, 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. Time will be charged in 30-minute units. You can check the current applicable rate on the NRG website at www.nrgpanel.ie from time to time.

8. ASSIGNMENT

This Agreement is personal to you and therefore it 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 the Agreement to any company or person.

9. CONDITION OF THE CENTRAL HEATING SYSTEM

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

of the central heating system heat source e.g. boiler (oil/gas/etc) and make no warranty as to fitness for purpose or condition. For the avoidance of doubt, the central heating heat source will not be examined as part of our survey and NRG accepts no liability for it’s condition, installation or safety.

10. 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.

11. GENERAL LIMITATIONS OF OUR OBLIGATION
    • We shall not be liable if any work is carried out on the Heating System, appliance, or system by any other party – any such action will give us the immediate right to terminate any warranty applicable. 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 Heating System, appliance or system by any party other than NRG without our prior written
    • 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 this Agreement.
    • 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 NRG 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.

12. DATA PROTECTION NOTICE
    • In order that NRG may perform its obligations under these Terms and Conditions and provide you with an effective service, it is necessary for NRG to collect and use data relating to you while you are being supplied with this service. This data is used mainly to manage our relationship with you and for the provision of the service, including for example, visits to your In addition, data relating to you may be used for health and safety,

administration, risk assessment, marketing. NRG may keep your data for a reasonable period after it has ceased to provide you with this service but will not keep it for any longer than is necessary and/or as required by law.

• NRG may disclose your data to other members of the NRG group and agents who act on behalf of NRG in connection with the activities referred to above, including to any agent or third-party service provider who NRG may engage to assist us in the performance of the Such agents or third parties are only permitted to use your data as instructed by NRG. They are also required to keep your data safe and secure.
• From time to time you may speak to employees of NRG (or agents acting on its behalf) by telephone. To ensure that NRG provides a quality service, your telephone conversations may be NRG will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with NRG or any other purposes mentioned in this Notice.

13. MARKETING
    • NRG, members of the group and/or agents acting on behalf of NRG may wish to contact you by text message, e-mail, post, telephone or in person with information about products or services which may be of interest to Please carefully follow the instructions below to ensure that your marketing preferences are respected.
    • If you do not wish to be contacted by e-mail or text message with information about NRG products and services which are designed to promote energy efficiency in the home, please exercise your right of opt-out as described below.
    • If you do not wish to be contacted by post, telephone or in person with information about NRG products or services, please exercise your right of opt-out as described below.
    • How to exercise your right of opt-out

You can exercise your right of opt-out by either:

• by calling our customer contact team at 042 9749322
• by email to info@nrg.ie or through our website at nrgpanel.ie or by letter to: NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

14. 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 our customer contact team at 042 9749322
• by email to info@nrg.ie or through our website at nrgpanel.ie or by letter to: Customer Care, NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

15. GENERAL
    • Notices: Any notice or account sent by ordinary post pursuant to the NRG Technical Site Survey shall be deemed to have been received on the day that is the second postal day after the day of such Any notice sent by the customer by electronic mail shall be deemed to have been received upon confirmation of receipt from NRG home & energy services Ltd by electronic mail or by post.

Any notice required or permitted to be given by the customer shall be in writing addressed to: NRG Panel Ltd., Ohk Energy Group, Moraghy, Castleblayney, Co. Monaghan, A75 XA72.

or such other address or electronic mail address as may be provided to the customer by NRG home & energy services from time to time.

• Amendments: We reserve the right to change the Terms and Conditions of the NRG Technical Site Survey agreement. We will publish details of any changes on the NRG website at nrgpanel.ie as soon as possible prior to the changes being introduced.
• No waiver: No forbearance, indulgence or relaxation on the part of NRG shown or granted to the customer shall in any way affect, diminish, restrict or prejudice the rights or powers of NRG or operate as or be deemed to be a waiver of any breach of the Level 1 Agreement.
• Severance: If any provision of the NRG Technical Site Survey 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.
• Governing Law: The NRG Technical Site Survey Agreement shall be governed by and construed in accordance with Irish law. The parties irrevocably submit to the exclusive

jurisdiction of the courts of Ireland.

• Entire Agreement: The parties acknowledge that the NRG Technical Site Survey 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.

16. GLOSSARY

“Annual Service Date” means the yearly anniversary of the date of the first Heating SystemService Visit;

“Heating SystemSafety Check” means a safety check of a Heating Systemas described in clause 2.2; “Heating SystemService” means a service of a Heating Systemas described in clause 2.1;

“Heating SystemService Visit” means a call-out by a service engineer to perform a Solar Thermal System Service and a Heating SystemSafety Check;

“NRG”, “us” or “we” means Energy Panel Ltd

“Customer” or “you” means the customer(s) who makes the NRG Technical Site Survey Agreement with us, and includes a person who we reasonably believe is acting with

your authority or knowledge;

SR50-4:2021 means Irish standard for Domestic Heating System Installations 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 SR50-4:2021 shall be a reference to such provision as amended or replaced from time to time;

“Parties” means us and you;

“Service Engineer” means a qualified and experienced engineer engaged by NRG to carry our Heating System servicing and repair works;

“Split Solar Thermal System” means an appliance that contains a split indoor and outdoor unit; “Monobloc Solar Thermal System” means an appliance that contains a domestic central heating Heating System and plumbing components including a circulating pump, expansion vessel

and safety valve plus internal piping connecting these devices together. “Terms and Conditions” means these terms and conditions; and

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