EMERALD IMPERIUM LIMITED TRADING AS CARPLUG.IE
STANDARD CONDITIONS OF SERVICE
All business undertaken by the Company is transacted subject to the terms and conditions contained herein. Carplug.is is a trading name of Emerald Imperium Limited, a limited company registered in the Republic of Ireland, Company Number: 676530
1. Interpretation. In these conditions of service:
“Supplier” means Emerald Imperium Limited trading as carplug.ie, registered in Ireland under business name No 676530. and whose registered office is at Unit 40 Parkwest Entreprise Centre, Dublin 12.
“Customer” means the person who purchases the Services.
“Services” means the services ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.
2. Acceptance: By using this website, all users agree to be bound by the terms and conditions contained herein. User includes those accessing, registering or browsing the site. If you do not accept the terms and conditions do not use this site. The Supplier reserves the right to alter the terms and conditions at any time by placing altered terms and conditions on the Supplier’s website and such altered terms and conditions shall come into effect immediately and the user is deemed to have full knowledge of any such alterations and agrees to be bound by same. In the event of a conflict between these terms and conditions and any other agreement which the Supplier may come to with a user, the former will take precedence, unless otherwise agreed in writing between the Supplier and the user and/or Customer.
3. Performance Dates. The Supplier shall use reasonable efforts to meet any stated dates for performance but shall not be liable (in contract, negligence or otherwise) for any loss or damage resulting from its failure to do so, howsoever caused.
4. Queries and Complaints. Notification of queries and/or complaints must be notified to the Supplier in writing within [fourteen (14) ] days of the problem arising, or [fourteen (14) ] days of completion of the Services, whichever is the earlier.
5. Prices. Unless another price is quoted by the Supplier in writing and accepted by the Customer, the price of the Services is the Supplier’s relevant standard price for the particular Services as at the date of the order as set out on the website carplug.ie.
6. VAT. Prices quoated are inclusive of VAT and shall be paid by the Customer. VAT is subject to change as per VAT legislation.
7. Payment Terms. Unless otherwise agreed in writing by the Supplier, the Customer shall make all payments due to the Supplier at the time of installation or, if agreed by the Supplier and Customer, prior to the installation. Methods of payment accepted by the Supplier will include debit/credit card and by agreement, bank transfer. If the Customer is discharging the payment by way of bank transfer, cleared funds to the Supplier’s nominiated bank account are to evidenced prior to the services being provided. The EV charger remains the property of the Supplier until full payment is received.
8. No Deductions. The Customer shall make all payments in Euros, without set-off or counterclaim and free and clear of all taxes, deductions, withholdings and other charges.
9. Interest. The Customer shall pay to the Supplier interest on any overdue amount at a rate of 10*% per annum above the refinancing base rate of the European Central Bank, from the due date for payment until payment, calculated on a daily basis and compounded monthly. Interest will be payable both before and after judgment.
10. Warranties. The Supplier warrants that the Services will be provided with due skill, care and diligence, and that any materials used will be sound and reasonably fit for the purpose for which they are required.
11. Remedy. Subject to Clause 14, if if, following an independent review carried out by a qualified person, and at the cost to the Customer, the Supplier is found to be in breach of the warranties given by it under Clause 10 its liability shall be limited to:
11.1. correcting the relevant fault, at its own expense; or
11.2. at the option of the Supplier, reimbursement of the price of the Services in question.
12. No Other Liability. Subject to Clause 14, the Supplier shall have no further liability to the Customer other than as described in Clause 1, whether under these conditions of service or on any other basis including liability in tort as a result of the sale of the Services.
13. Consequential Loss Etc.: Subject to Clause 14, the Supplier shall not under any circumstances be liable to the Customer by reason of any representation or warranty,
condition or other term or any duty of common law, or under the express terms of these conditions or service, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Supplier, its employees or agents or otherwise, even if advised of the possibility of such damages.
14. Non-Excludable Liability. Nothing in these conditions of service shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
15. Sub-Contracting: The Supplier may in its discretion delegate any of its duties in the provision of the Services.
16. Relationship of the Parties: Nothing in these conditions of service or elsewhere shall be deemed to make the Supplier an employee, agent or partner of the Customer for any purpose whatsoever.
17. Application. These conditions of service shall apply to any purchase of services under an order which is accepted by the Supplier. No other terms shall apply to the sale of the Services, including any standard conditions of purchase of the Customer, even if they are printed on the written order of the Customer or any other document issued by the Customer.
18. Severability Clause: In the event that any clause or part of a clause contained in these terms and conditions is struck down as being inoperable or invalid, it shall not affect the validly of the rest of the terms and conditions.
19. Data Protection and Privacy Statement:
The Company accepts your right to privacy and will never wilfully disclose individually identifiable information about users of this website to third parties unless expressly agreed by the Customer.
20. Governing Law. The validity and construction of these terms and conditions shall be governed by the laws of the Republic of Ireland.
Dated the 1st day of October 2020