Failte Solar (Version: 2020)
General Terms and Conditions of Supply of Goods
This agreement set out the terms under which Failte Energy Solutions Limited (CRO: 635410) provides goods and services to you (being the individual, company, or legal person purchasing such goods or services) (the Buyer). If the Buyer orders, accepts or pays for any goods or services after receiving or becoming aware of these terms, or otherwise indicates assent, then the Buyer is taken to have accepted these terms.
1. THE CONTRACT
- These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
- The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions.
- Subject to condition 5 the Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, or, if earlier, delivers the Goods, at which point the Contract shall come into existence.
- Any quotation for the Goods provided by the Supplier shall not constitute an offer. Unless otherwise expressly set out therein, a quotation shall only be valid for a period of 30 (thirty) days from the date of issue. Any acceptance by the Buyer of a quotation from the Supplier shall constitute an Order (which is subject to acceptance by the Supplier in accordance with these Conditions).
- Subject to any variation under condition 2.6, the Contract shall be on the terms set out in these Conditions to the exclusion of all other terms and conditions (including any terms and conditions which the Buyer purports to apply by amending these Conditions or otherwise). No terms or conditions endorsed on, delivered with, or contained in the Buyer's purchase order, order confirmation, specification or other documents shall form part of the Contract.
- No variation to these Conditions shall have effect unless expressly agreed in writing by the Supplier and the Buyer.
- The quantity and description of the Goods shall be as set out in the Order.
- The Supplier shall have no liability in respect of and does not provide any warranty in relation to the Manufacturer’s Specifications, whether the same have been supplied by the Supplier to the Buyer or not.
- Unless stated otherwise in the order confirmation, prices are in EURO and include delivery ex-work or warehouse, plus packaging, freight, customs, insurance, assembly, other additional costs, and the statutory VAT applicable on the day of delivery. These items shall be shown separately in the invoice.
- In so far as the prices agreed are based on The Supplier’s list prices and delivery is not tube made until more than four (4) months after the conclusion of the contract, The Supplier’s list prices valid at the time of delivery shall apply (in each case minus as an agreed percentage or fixed discount).
- Unless agreed otherwise in writing, payments must be net and without deduction immediately after the invoice date. The Supplier reserves the right only to deliver on advance payment or cash on delivery, and against an irrevocable letter of credit or prepayment, or a similar form of collectible security (such as bank guarantees) for deliveries local or abroad.
- Bills of exchange and cheques are not considered in lieu of payment. Bill of exchange, cheques, and securities shall only be accepted with reservation of all rights and with no warranty for timely presentation. Discounting and ancillary expenses shall be borne by the Buyer.
- Notwithstanding any stipulations by the Buyers to the contrary, payments shall first be set off against older payables, and specifically, first against costs and interest and then against the main amount payable.
- Offsetting against counterclaims of Consumers or the retention of payment on the basis of such claims is only permitted if the Buyer's counter-claim is undisputed or has been upheld by a court.
- The date on which The Supplier receives payment shall determine whether the payment has been timely made. If the Buyer falls into arrears, the respective statutory default rate of interest shall be charged, without prejudice to further claims. The right to apply higher rates of interest and to claim additional damages in the event of default remains unaffected.
- The Supplier is entitled to make outstanding delivery or provide outstanding services only against advance payment or the provision of security if, after the conclusion of the contract, it learns about circumstances which are likely to considerably reduce the Buyer’s creditworthiness and due to which the payment of Supplier’s outstanding accounts receivable under the relevant contractual relations (including those from other individual orders for which the same framework contract applies) is put at risk.
- The Supplier may in its absolute discretion require the Buyer to pay a deposit in respect of any Order where the Buyer indicates in respect of the relevant Order that it does not expect or intend to take delivery of the applicable Goods within a period of 30 (thirty) or more days from and including the date, it places the relevant Order.
- Where the Supplier requires a deposit to be paid in respect of any Order then it shall within a reasonable time of receipt of the relevant Order notify the Buyer of the amount of the required deposit which shall not be more than 25% (twenty-five percent) of the total value of the Goods (plus VAT at the applicable rate) subject to the relevant Order and the Buyer shall pay such deposit to the bank account nominated in writing by the Supplier from time to time within 2 (two) Business Days of such notification.
- Where a deposit is required then the Supplier shall be entitled to cancel the relevant Order without incurring any liability whatsoever to the Buyer and without prejudice to any other right or remedy available to the Supplier at any time until the Supplier receives the deposit in full and in cleared funds.
- If the Goods subject to the relevant Order to which a deposit relates have not been collected or delivered (as applicable) within 90 (ninety) days from and including the date of the Order the Supplier may in its sole and absolute discretion:
- Cancel the relevant Order and retain the applicable deposit, or
- Continue to hold the stock of the relevant Goods for such period(s) as determined by the Supplier in its absolute discretion provided that the Supplier shall maintain all of its rights under condition 5.4.1 where it decides to hold the stock pursuant to this condition 5.4.2.
- Any deposit paid by the Buyer pursuant to this condition 5 shall be non-refundable.
- The value of any deposit collected from the Buyer under this condition 5 shall be deducted from any invoice relating to the relevant Order where the relevant Order is not canceled prior to delivery in accordance with the terms of this Agreement.
- 1Deliveries are made ex-works or stock.
- The Supplier shall deliver the Goods to the location set out in the Order or such other location as is agreed in writing between the Supplier and the Buyer. In the absence of any location specified in the Order or otherwise agreed between the parties, delivery shall take place at the Buyer’s principal place of business.
- Delivery of the Goods shall be completed when the Goods arrive at the Delivery Point (subject to the Buyer’s right to refuse delivery in accordance with condition 6.5).
- Any dates quoted or accepted by the Supplier for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Buyer’s failure to provide the Supplier with adequate delivery instructions or any other instructions which are relevant to the supply of the Goods.
- If the Goods have not been delivered by the date or, if relevant, by the end of the time period is given by the Supplier as the approximate date/period for delivery then, unless the delay is caused by a Force Majeure Event or the Buyer’s failure to provide the Supplier with adequate delivery instructions or any other instructions which are relevant to the supply of the Goods or the Goods have not been collected by the Buyer in accordance with condition 6.6, then the Buyer shall be entitled to give written notice to the Supplier requiring the Supplier to deliver the Goods within not less than 30 (thirty) days following receipt of such notice, whereupon, if the Supplier fails to comply, the Buyer may terminate the Contract forthwith on written notice to the Supplier.
- The Supplier shall use its reasonable endeavours to keep the Buyer reasonably informed of the anticipated time and date of delivery and the Buyer shall accept delivery of the Goods at the Delivery Point provided that it has received not less than 24 (twenty four) hours notice of such delivery. If it has received less than 24 (twenty-four) hours notice then, unless the delivery is being made on the delivery date or within the delivery period specified in the Order or otherwise agreed between the parties, then the Buyer may refuse to accept delivery if it not reasonable to expect the Buyer to accept delivery on that date taking into account the Buyer’s ability to grant access to the Delivery Point on that date and any material inconvenience to the Buyer in complying.
- If the Buyer either fails to take delivery of the Goods within the time limit specified in condition 6.5 or if the Buyer fails to accept delivery of any of the Goods at the Delivery Point (except in circumstances where it is reasonable for the Buyer to refuse to accept the delivery as set out in condition 6.5), then the Supplier may store the Goods until delivery is effected and the Buyer shall be liable for all reasonable costs, expenses and loss incurred by the Buyer in connection with such failure including, without limitation, additional transport costs, storage costs, and insurance costs.
- The Supplier may deliver the Goods by installments. Each installment shall be invoiced and paid for in accordance with the provisions of the Contract and shall be a separate Contract. No cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment.
- The number of Goods as recorded by the Supplier on the proof of delivery signed by the Buyer shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
- Any liability of the Supplier for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro-rata rate against any invoice raised for such Goods.
7. RISK / TITLE
- The Goods are at the risk of the Buyer from the time of delivery.
- Title in the Goods shall not pass to the Buyer until the earlier of:
- the Supplier receives in full (in cash or cleared funds) all sums due to it in respect of the Goods, and
- The Supplier receives in full (in cash and cleared funds) all sums due to it in respect of all Goods supplied to the Buyer or Ordered by the Buyer (in each case as applicable); and
- The Buyer resells the Goods, in which case title to the Goods shall pass to the Buyer at the time specified in condition 8.4.
- Subject to condition 8.4 until title to the Goods has passed to the Buyer, the Buyer shall:
- hold the Goods on a fiduciary basis as the Supplier's bailee;
- store the Goods (at no cost to the Supplier) separately from all other Goods of the Buyer or any third party in such a way that they remain readily identifiable as the Supplier's property;
- not destroy, deface or obscure any identifying mark on or relating to the Goods;
- maintain the Goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Buyer shall produce the policy of insurance to the Supplier;
- notify the Supplier immediately if it becomes subject to any of the events listed in condition 8.5, and
- give the Supplier such information relating to the Goods as the Supplier may require from time to time.
- Notwithstanding condition 8.3 and subject to condition 8.5, the Buyer may resell the Goods in the ordinary course of its business. However, if the Buyer resells the Goods before the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and any other sums which are owed to the Supplier from the Buyer:-
- it does so as principal and not as the Suppliers agent; and
- title to the relevant Goods shall pass from the Supplier to the Buyer immediately before the time at which resale by the Buyer occurs.
- If before title to the Goods passes to the Buyer either (i) the Buyer becomes subject to any of the events listed in condition 8.5, or (ii) the Supplier reasonably believes that any such event is about to happen and notifies the Buyer accordingly or (iii) the Buyer fails to pay any sums due under and/or in connection with these Conditions by the relevant due date or the Supplier reasonably suspects that the Buyer will not make payment of any sums by the relevant due date, then in each case (i), (ii) and (iii), provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy the Supplier may have, the Supplier may at any time require the Buyer to deliver up the Goods or may enter (pursuant to condition 8.6) any premises of the Buyer or of any third party where the Goods are stored in order to recover them. The Buyer grants the Supplier, its agents and employees an irrevocable license at any time to enter the Delivery Point and any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to remove and recover them.
- On termination of the Contract, howsoever caused, the Supplier’s rights contained in this condition 8 shall remain in effect.
8. RETURNS AND REFUNDS
- All claims of damage present on delivery or claims that the warranty in condition 10 has been breached must take place in accordance with the provisions of this condition 9 and the Supplier’s Return Policy in force from time to time.
- If the Buyer considers that any Goods delivered to the Buyer were damaged on delivery or are not in compliance with the warranty in condition 10 the following process must be followed:
- The Buyer must notify the Supplier in writing within 10 (ten) Business Days of delivery of the Goods of the damage or the alleged breach of warranty. Such notice must include details of the Goods alleged to be damaged or in breach of warranty, the Order to which the Goods relate and details of the damage or alleged breach of warranty. If the Buyer fails to notify the Supplier of any breach of the warranty contained in condition 10.3 within such 10 Business Day period then the Supplier shall have no liability (whether in contract, tort (including negligence) or otherwise) for any breach of the warranty contained in condition 10.3 and the Buyer shall be required to liaise with the Manufacturer directly in respect of any warranty claim it may have against such Manufacturer.
- On receipt of notice in accordance with condition 9.2.1 above, the Suppliers technical support team will contact the Buyer and request that tests are performed by the Buyer in accordance with the instructions of the Suppliers technical support team (“Phase One Testing”).
- If the Phase One Testing does not provide a conclusive result then a returns order will be generated by the Supplier and at the Supplier’s sole option, either the Goods must be returned to the Supplier at the Buyer’s cost and in accordance with the Supplier’s instructions or the Supplier will collect the Goods from the Buyer for further testing (“Phase Two Testing”).
- If either Phase One Testing or Phase Two Testing reveals that the Goods are damaged or in breach of the warranty in condition 10 the Supplier may at its sole discretion provide the Buyer with a credit note for the full price of the relevant Goods, excluding any delivery charges, duties, taxes or other charges or provide the Buyer with replacement Goods (whereupon it shall have no further liability for a breach of the warranty in condition 10.3 in respect of such Goods).
- Where the Supplier provides the Buyer with replacement Goods pursuant to condition 9.2.4 then:
- the Supplier may raise an invoice for the value of the replacement Goods which shall be payable by the Buyer in accordance with the provisions of condition 4; and
- where the Supplier invoices the Buyer for the replacement Goods pursuant to condition 126.96.36.199 then it shall also raise a credit note for the full price of the relevant damaged Goods.
- If the results of Phase One Testing and/or Phase Two Testing reveal that there is no damage or breach of the warranty in condition 10, the Supplier will not accept the return of the Goods and will not issue any credit note in respect of such Goods. If the relevant Goods are in the possession of the Supplier then the Buyer must collect the Goods, at its own cost and risk within one calendar month of notification that there is no damage or breach of warranty. If the Buyer fails to collect the Goods within one month of notification that there is no damage or breach of warranty, the Supplier will be entitled to sell the Goods to another party will full title guarantee. No refund will be issued to the Buyer. If the Supplier has already issued a credit note or provided replacement Goods in respect of any Goods which the Phase One Testing and/or Phase Two Testing reveals were not in breach of the warranty at condition 10.3 then the Buyer shall (in each case as applicable) either immediately upon request repay to the Supplier the amount of any refund paid to the Buyer pursuant to a credit note or return to the Supplier (at the Buyer’s cost) any such replacement Goods.
- The Supplier shall have no liability in respect of damage or breach of the warranty in the Goods arising or caused on or after delivery has occurred.
- If the Goods are not damaged or in breach of the warranty in condition 10.3 but Buyer decides that they no longer want Goods that have been ordered and delivered and would like to return them to the Supplier, then the following steps must be taken and the applicable provisions of the Supplier’s Return Policy will apply:
- The Buyer must notify the Supplier in writing within 10 (ten) Business Days that they wish to return Goods (“Return Goods”). This notice must be submitted by logging in to the installer’s portal on the Suppliers website: www.failtesolar.com and submission of a return order form.
- The Return Goods to be returned in accordance with condition 9.3.1 must be returned to the Supplier's Premises within 14 (fourteen) Business Days of delivery. Such return is to take place between the hours of 9.00 am and 5.00 pm on a Business Day and at the cost and risk of the Buyer.
- All Return Goods must be fully functional and in a state capable of being resold by the Supplier as well as being correctly packaged and labeled with the unique order return number generated following submission of the return order form in accordance with condition 9.3.1 above.
- Once Return Goods are received by the Supplier they will be checked by a member of the Supplier’s return team. Provided that the Return Goods have been returned in accordance with the provisions of this condition 9.3 and the Return Goods are in a resaleable condition, a credit note of 75% (seventy-five percent) of the value of the Goods (including VAT but excluding delivery charges) will be issued. If the Return Goods are not returned in accordance with the provisions of this condition 9 and the terms of the Returns Policy then no credit note will be issued. 4. If any Goods are delivered to the Buyer in error, the relevant provisions of the Returns Policy shall apply and the Buyer agrees that it shall notify the Supplier within 10 (ten) Business Days of delivery including with such information the relevant order and/or shipment number, the relevant part number of the Goods and a photograph of the delivered Goods. In the event of a genuine error on the part of the Supplier, the Supplier will arrange for the incorrect Goods to be collected. Until the incorrect Goods are collected they must be stored in accordance with condition 8.
- Any cash refund to be made under this condition 9 will be made by electronic transfer to the account from which payment was originally made. The Supplier will aim to process any refund so that it reaches the Buyers account within 28 (twenty eight) Business Days of the Supplier confirming that a refund will be made.
- Any replacement Goods to be sent to the Buyer will be delivered in accordance with the delivery procedure at condition 6.
- Each of the sub-conditions in condition 9 shall be treated as separate and independent and should be read in conjunction with the Suppliers Returns Policy and condition 9.
- The Supplier hereby excludes to the fullest extent permitted by law all warranties, conditions, and other terms implied by statute, common law, or otherwise save those expressly set out in these Conditions and those implied by section 12 of the Sale of Goods and Supply of Services Act 1980.
- The Supplier warrants that on delivery the Goods shall be free from material defects in design, material, and workmanship.
- Subject to conditions 10.5 and 10.6, in the event that the Buyer considers that the warranty in condition 10.3 to have been breached, it agrees that it shall follow the procedure detailed in condition 9.2.
- The Supplier shall not be liable for any failure to comply with the warranty set out in condition 10.3 if:
- the Buyer makes any further use of such Goods after giving notice in accordance with condition 9.2; or
- the defect arises because the Buyer failed to follow the Supplier’s or the Manufacturer’s oral or written instructions as to the storage, commissioning, installation, use, and/or maintenance of the Goods or (if there are none) good trade practice; or
- the Buyer alters or repairs such Goods without the written consent of the Supplier;
- the defect arises as a result of fair wear and tear wilful damage, negligence by the Buyer or any third party, or abnormal storage or working conditions.
- The warranties contained in condition 9.3 do not include:
- any equipment, materials, or supplies not supplied by the Supplier,
- damage or loss of function sustained during periods with wind speeds exceeding 60 meters/second or submersed in water unless the Goods are designed to operate in such conditions,
- any accidental loss or damage not caused by the Supplier or any loss or damage caused by any acts of God or any loss or damage to the extent contributed by any acts of God.
- These Conditions apply to any replacement Goods supplied to the Buyer.
- Except as provided for in this condition 10, the Supplier shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in condition 10.3. Subject to condition 11.1, the Buyer’s sole remedy in respect of a breach of the warranty in condition 10.3 shall be as set out in condition 9.2 and subject to the requirements imposed upon the Buyer in condition 9.2.
10. LIMITATION OF LIABILITY
- Nothing in these Conditions excludes or limits the liability of the Supplier:
- for death or personal injury caused by the Supplier's negligence; or 11.1.2 breach of terms implied by section 12 of the Sale of Goods and Supply of Services Act 1980.
- for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability; or
- for fraud or fraudulent misrepresentation.
- Subject to condition 11.1, the Supplier shall not be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss including any losses that result from the Supplier’s deliberate personal repudiatory breach of the Contract.
- Subject to condition 11.1, the Supplier shall not be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- any loss of profit;
- any loss of business or opportunity;
- any loss of or damage to goodwill;
- any loss of anticipated savings;
- any loss of energy supply;
- any loss of or corruption to data;
- any loss of contract;
- Subject to condition 11.1, the Supplier’s total liability to the Buyer in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the greater of [€10,000] or 125% (one hundred and twenty-five percent) of the price for the relevant Goods supplied by the Supplier to the Buyer pursuant to these Conditions.
- Subject to condition 11.1 the Supplier shall not be liable to the Buyer in respect of any costs incurred in respect of the de-installation and/or re-installation of replacement Goods, including but not limited to the cost of any equipment and/or labor required.
- The Buyer expressly acknowledges that by entering into a contract with the Supplier it acknowledges and agrees the exclusions and limitations of liability set out herein and that the price which has been agreed for the Goods reflects the level of liability accepted by the Supplier. The Buyer further acknowledges that it is its own responsibility to seek legal advice on the meaning and effect of these exclusions and limitation of liability and that it is able to and should seek to protect itself against any potential loss or damage which is not recoverable from the Supplier by means of obtaining insurance from third party providers.
- All communications between the parties shall be in writing and delivered by hand or sent by pre-paid first-class post, airmail, fax, or email to the address, email address, or fax number notified to the other party from time to time and shall be deemed to have been received if sent by pre-paid first-class post,
- (two) Business Days after posting (exclusive of the day of posting); if sent by airmail 7 (seven) Business Days after posting (exclusive of the day of posting), or if delivered by hand, on the day of delivery; or if sent by fax or email on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
- A party, provided that it has complied with the provisions of condition 13.2, shall not be in breach of the Contract, nor liable for any failure or delay in performance of any obligations under the Contract (and, subject to condition 13.3.3, the time for performance of the obligations shall be extended accordingly) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
- acts of God, including but not limited to fire, flood, earthquake, windstorm, or other natural disasters;
- war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
- terrorist attack, civil war, civil commotion or riots;
- nuclear, chemical or biological contamination or sonic boom;
- mandatory compliance with any law (including a failure to grant any license or consent needed or any change in the law or interpretation of the law);
- fire, explosion, or accidental damage;
- the loss at sea;
- adverse weather conditions;
- the collapse of building structures, failure of plant machinery, machinery, computers, or vehicles;
- any labor dispute, including but not limited to strikes, industrial action, or lockouts;
- non-performance by companies or subcontractors (other than by companies in the same group as the party seeking to rely on this condition); and interruption or failure of utility service, including but not limited to electric power, gas or water.
- The corresponding obligations of the other party will be suspended to the same extent as those of the party first affected by the Force Majeure Event.
- Any party that is subject to a Force Majeure Event shall not be in breach of the Contract provided that:
- it promptly notifies the other parties in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance; and
- it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and
- it has used all reasonable endeavors to mitigate the effect of the Force Majeure Event to carry out its obligations under this agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
- If the Force Majeure Event prevails for a continuous period of more than three months, any party may terminate the Contract by giving written notice to the other party, whereupon the Contract will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of the Contract occurring prior to such termination.
- The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
- Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than for breach of contract. 3. Nothing in this condition shall limit or exclude any liability for fraud.
14. ASSIGNMENT AND SUBCONTRACTING
- The Supplier may at any time assign or transfer all or any of its rights under the Contract.
- The Buyer may not assign or transfer or purport to assign or transfer all or any of its rights or obligations under the Contract without the prior written consent of the Supplier.
- The Supplier may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent provided that the Supplier shall remain liable for such performance.
- Failure or delay by the Supplier in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by the Supplier of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
- The legal venue for all disputes resulting from the business relationship between Supplier and the Buyers is, at the discretion of Supplier, Clare, Ireland. Clare is the exclusive legal venue for legal action against Supplier. Mandatory statutory regulations regarding exclusive legal venues shall remain unaffected by this clause.
- The laws of Ireland apply to the exclusion of the United Nations Convention on contract for the International Sales of Goods.
- If one or more clauses of these Terms and Conditions or a provision of other agreements are or become invalid, this shall not affect the validity of the remaining provisions or agreements. The relevant legal provision shall take the place of the invalid provision. The same applies in the event of a regulatory loophole.
- Each right or remedy of the Supplier under the Contract is without prejudice to any other right or remedy of the Supplier howsoever arising.
Failte Energy Solutions Limited
Western Business Park, Unit 3B
Shannon, Co, Clare, Ireland
Phone +353 (0) 61 475 839