Terms & Conditions

These Terms & Conditions apply to all sales contracted by AEA Energy Limited which will not accept any other Terms & Conditions of sale, including any Buyer’s ‘conditional” purchase order or similar unless the Buyer and AEA Energy Limited have executed a written agreement which specifically modifies, supersedes and/or replaces these Terms & Conditions and such agreement is signed by a Director of AEA Energy Limited.

The Buyer is the person, persons, organisation, Company or such other legal entity as may be able to enter into a Contract for the purchase of energy related systems from AEA Energy Limited.

The Seller is AEA Energy Limited on this document referred to as AEA.

Price – AEA’s prices and calculations are set out on the front of this Sales Order Form and the back of Invoices and include and refer to all costs, charges, VAT, and other taxes applicable.

Payment Terms – Unless otherwise specified, all works must be paid for in full on the day of completion. Bank Transfer/Bank Draft/Debit Card/Credit Card/Cash. Cheques to be made out to AEA Energy Limited.

Deposits

The Buyer shall pay a deposit for the order of a gas or oil boiler by Bank transfer.

Final Balance

Upon the day of commencement of the actual on-site Installation, the Final Balance Payment shall be given to the AEA Installation team when they arrive on site to commence the Installation. This payment must be by Bankers Draft or cash and made out to AEA Energy Limited.
Online Bank Transfer Payments If paying by online bank transfer, the full outstanding balance must be transferred prior to the morning that the installation starts.

Methods of Payment of Final Balance

Bank Draft made payable to AEA Energy Limited.
Debit Card Payments If paying by Debit Card, the full outstanding balance must be transferred to AEA’s account prior to, or on, the morning that the installation starts, This must be executed by telephone with the AEA Office who will collect the payment on-line.
Credit Card Payments if paying by Credit Card, all banking charges incurred (currently @ 1.5% of value) will be added to each payment collected. The Final Balance must be transferred to AEA’s account on or prior to the morning that the installation starts. This to be executed by telephone with the AEA office who will collect the payment on-line.
BACS transfer of funds may be transmitted direct from the Buyer’s Bank account to AEA Bank account. Usually 2 working days are required for this transaction, so for the payment of the Final Balance, the funds should be transferred 2 working days prior to the start date of the installation.
Personal and Credit Union or Building Society cheques are not accepted for payment of the final balance.

Unpaid Invoices and Overdue Payments

All unpaid invoices and overdue payments shall bear interest at an amount equal to 5% per month of the outstanding balance commencing on the date that payment is due.
The Buyer’s failure to make timely payments may result in commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of or quarantined of underpaid delivered goods and systems.
AEA shall have no continuing obligation to deliver or install products or systems whilst outstanding payments or unpaid invoices remain outstanding.

Responsibility, Ownership, and Title to the Products Purchased by the Buyer

Responsibility – all goods, materials, equipment and fixtures and fittings delivered to site whether installed and working or not are the responsibility of the Buyer in terms of safeguarding protecting insuring and retaining on site as intended.
Ownership – all goods, materials, equipment and fixtures and fittings delivered to site whether installed and working or not remain the ownership of AEA until paid for in full.
Title – all goods, materials, equipment and fixtures and fittings delivered to site whether installed and working or not remain the unencumbered property of AEA until paid for in full.

Licence to use Software Programme and AEA intellectual Property (IP)

If the installation incorporates electronics such as the multi-room controller and/or other proprietary software or programming, AEA hereby grants the Buyer Licence to use such software and IP during such times as all invoices are paid, and there are no outstanding payments due. If this situation occurs, AEA will grant a licence extension for 1 week from the overdue date, then the licence to use the software and IP lapses until all outstanding monies are paid up to date. The remote function of the app is a fee paid subscription for a term of 12 months. Failure to renew this subscription will result in disconnection from our server. We will grant you a licence to use the app offline within your home to control your heating system. Please read the AEA EULA.

End User License Agreement (EULA) – AEA Heating Controls App

By Downloading this app, you agree to these terms. If you do not agree to these terms, please do not download the app.

1. DEFINITIONS

1.1. “Licensee” shall mean a physical person or legal entity that has acquired a license to the Software.

1.2. “EULA” shall mean this standard End User License Agreement.

1.3. “AEA” shall mean the Licensor: AEA ENERGY LIMITED

1.4. “Initial Update Term” shall have the meaning set out in clause 2.2.1 below.

1.5. “Software” shall mean any software (whether provided as a downloadable app or as an online service), delivered by AEA including the license, update, or upgrade hereto which are made available by AEA to the End User under the terms and conditions set out in this EULA.

2. SCOPE OF THE END USER LICENSE

2.1. AEA ENERGY hereby grants to the Licensee a non-assignable and non-exclusive right to use the Software in accordance with the terms and conditions set out in this EULA solely for the Licensee’s own use. The license is effective upon downloading of the app by the Licensee and remains in force until termination by either party.

2.2. The Software can be licensed as (i) a perpetual license or (ii) a subscription license that needs to be renewed annually (every 12 months).

2.2.1. A perpetual license gives the Licensee a right to use the licensed version of the Software with offline connection. This is granted in the initial term with the 12-month fee subscription to our server/online connection. After 12 months the user can continue to use the app to connect locally (offline) to your heating system. This will enable you to use the app inside your home, on your own network. We will provide you with a set of instructions for local connection and the password required sent by email. It is your responsibility to follow the instructions provided and set up local connection prior to your disconnection date from our server. Local access can not be established post connection without a chargeable call out from an AEA service engineer.

2.2.2. A subscription license gives the Licensee a right to use the remote function of the app connected to our server (the current or at any time the latest version) for one (1) year from the date of downloading. The AEA Pricelist will determine which options are available, this will be sent via email, the information is contained in our annual service reminder. If the subscription license is not renewed, the Licensee no longer has any right to use the remote function of the app. The user will be disconnected from our server and will no longer be able to remotely access the app. We will no longer be able to access your system online to view or update.

2.3. One license (perpetual or subscription) gives the Licensee the right to use the Software for one physical person or one legal entity, all registered users of the system will be disconnected from the server if the subscription fee is not paid.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. The Licensee shall obtain no rights to the Software. AEA retains all intellectual property rights to the Software, updates, documentation, and all data enclosed in it, including, but not limited to, copyright, trademarks and other rights, titles, and interests in the Software.

3.2. The Licensee is not permitted to publish the Software without the explicit, written consent of AEA. This also applies to any documentation delivered by AEA.

3.3. The Licensee may not reverse engineer, decompile, or disassemble the Software except when otherwise allowed by mandatory statutory provisions. The Licensee shall always notify AEA in writing in advance of such acts.

3.4. Upon an infringement of AEA intellectual property rights, AEA shall be entitled to terminate this Agreement for cause with immediate effect.

4. USE OF THE SOFTWARE

4.1. By installing, downloading, copying, or otherwise using the Software, the Licensee agrees to be bound by the terms of this EULA.

4.2. The Licensee acknowledges that the use of some parts of the Software and licensing may require connection to the internet.

5. USE OF THE SOFTWARE WITH AEA APP ONLINE SERVICES

5.1. Some use of the Software requires one or more online services in cloud computing platforms. It is expressly stated that AEA is not responsible for downtime or other interruptions in the service relating to cloud computing platforms and/or otherwise out of AEA’s control.

5.2. When using the AEA app online services, data is transferred to and from the service. This data is not stored or logged by AEA. The Licensee accepts that AEA can have access to data as part of a support incident, preventive troubleshooting, debugging, or other activities to ensure stable operation of the AEA app. AEA may collect data about usage of the software for performance, optimization, improvement, and statistics.

6. SUBSCRIPTION LICENCE

6.1. When purchasing a subscription license to the Software, an update fee is included in the subscription license, thus the Licensee will have access to relevant updates.

6.1. PERPETUAL LICENSE

6.1.1. When granted a perpetual license to the Software, the purchase of relevant updates is mandatory in the first year (the “Initial Update Term”). The Initial Update term runs from the date of registering for the following 12 months. The Licensee must pay an update fee for the Initial Update Term, according to the AEA Price List.

6.1.2. After the expiry of the Initial Update Term, the Licensee will have access to relevant Updates unless the Licensee has informed the AEA otherwise by giving them 30 days written notice to the end of an update term (a 12-month period). The Licensee must pay an update fee for access to these updates, according to the AEA Price List.

6.2.3. Should the Licensee decide not to renew, the Licensee will no longer be eligible for any new updates, to support, nor to add any additional users or features to the license.

6.2.3. If the Licensee has terminated this Agreement with or without cause in accordance with the provision in clause 9 and wants to reactivate it, the Licensee must pay for reconnection to our server, this will require an internet connection. All updates to the software will be included in this reconnection fee.

7. ASSIGNMENT

7.1. The Licensee is not entitled to lend, lease, sublicense, transfer, or otherwise assign its rights and obligations given under this Agreement without AEA’s prior written consent. Any assignment shall not be legal without AEA’s prior written consent.

7.2. If the Licensee assigns the Software in conflict with the provisions above, AEA may terminate this Agreement with immediate effect, as described in clause 9.2.

7.3. AEA may at any time in full or in part assign its rights and obligations under this Agreement to any third party.

8. PROVIDED “AS IS”

8.1. The Software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose. The entire risk arising out of use or performance of the Software remains with Licensee.

8.2. The Software delivered under this Agreement is a standard product, and the Licensee is aware that no software product is faultless in all situations and combinations.

8.3. AEA shall not be liable for any defects. This Agreement includes neither warranty against defects, nor any warranty of fitness or suitability for a particular purpose.

8.4. Immediately after a reproducible error or defect is discovered or should be discovered, the Licensee must give notice to AEA, upon notification, the Licensee must specify the error or defect.

8.5. AEA will use its best endeavours to remedy errors and defects which are reproducible in the most recent version of the Software.

9. TERMINATION

9.1. The Licensee may terminate this EULA for the future at any time by ceasing to use the same and deleting it.

9.2. If the Licensee fails to comply with any of the terms or conditions of this Agreement, AEA may terminate for cause the Licensee’s right to use the app or parts of it, including any documentation, at any time upon a written notice of 30 days. The Licensee shall not be entitled to any refund of the license fee upon such termination.

10. LIABILITY OF THE LICENSEE

10.1. General rules of Irish law are applicable to the Licensee’s breach of contract. In the event of the Licensee’s breach of any of its obligations set out in this EULA, AEA shall be entitled to terminate this EULA with immediate effect.

11. VALIDITY

11.1. If any provision in this Agreement is held to be illegal, invalid, or unenforceable, such provision(s) shall nonetheless be enforced to the fullest extent permitted by applicable law, to reflect the original intent of the parties. Such provision(s) shall not affect the legality and validity of the other provisions in this Agreement.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. This EULA shall be governed and construed under Irish law and supersedes all prior and contemporaneous oral and written proposals and communications respecting the subject matter hereof.

13. INTERPRETATION

13.1. If any provision of this EULA is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.

General Warranties

The warranties below are quidelines only, to find out individual warranties please contact our office on info@aeaenergy.ie

25-year manufacturer’s warranty on AEA Elite cylinders.
5 year manufacturer’s warranty on AEA Hothead cylinders.
AEA shall have no liability for any damage to the Goods arising from lime, iron or other mineral content in the water.
10-year manufacturer’s warranty on solar panel.
2 year AEA warranty on all Solar Parts i.e.solar pump station, solar controllers and solar vessels.
2 year warranty on all multiroom actuator heads and controllers.(Tablets are not covered on warranty).
12 months’ parts and labour warranty on all other parts such as Immersion, circulator pumps, booster pumps, motorised valves, time clocks etc.
All warranties are null & void unless AEA maintenance schedule is adhered to

Exclusions

Tablets are not covered by warranty. AEA shall have no liability for accidental damage to actuator heads or tablets. AEA shall have no liability for any damage to the Goods arising from the use of non-proprietary inhibitor, electrolysis, lime, iron or other mineral content in the water. AEA shall have no liability for accidental damage to panel, heads tablets, etc.
As a part of the installation works associated with this Sales Order,AEA may be connecting with/into/onto existing services at your property. Whilst AEA shall take all reasonable steps to not disturb the existing services, issues may arise post installation with existing services that were not directly associated with the works carried out by AEA. AEA shall only be responsible for any issues that occur on new services installed, and the direct connections with existing services.
Any consequential loss as a result of faulty materials, products or workmanship

Product Development, Reliability and Evolution

AEA reserves the right to change any part of the system without notice to the Buyer if AEA believe these changes will help increase potential savings and performance of the system. This clause is only applicable if changes occur after the deposit is paid and before installation.

Potential Energy and Cost Savings

AEA energy and cost savings claims for its products and systems are made in good faith, are realistic, and field proven, and these are checked against the Government published expected savings. Generally, the AEA products produce greater savings due to their unique design and development over the years. However, the savings claimed are probable averages and in most cases, Buyers will enjoy savings greater than those claimed by AEA, but the individual savings per dwelling or property will vary because of the many factors that can influence savings and these are outside of the control of AEA.

Sale of Goods Act

If the customer is a consumer as defined by the Sale of Goods and Supply of Services Act 1980 the product sold is subject to any conditions or warranties implied by the Sale of Goods Act 1893 and 1980. AEA hereby acknowledges that nothing in this agreement shall alter or limit any statutory rights that the Buyer has and the Sale of Goods and Supply of Services Act 1980 applies to such transactions between the Buyer and AEA Energy Limited. Should any part of the AEA contract with the Buyer be in conflict with the Sale of Goods acts, the remainder of the contract shall hold good.

Arbitration Clause

In the event of a dispute between the Buyer and AEA, howsoever arising, any such dispute shall be referred to arbitration pursuant to the provisions of the Arbitration Act 2008 or any statutory modification thereof. An award in such arbitration shall be a condition precedent to any legal proceedings in any Court against AEA in respect of such dispute or difference.

Grants and Incentives

All grant and Incentive figures quoted by AEA are given as an indication only. AEA cannot apply directly for any grants and incentives and is not responsible for any amounts not received. While AEA utilises its best endeavours to be as accurate as possible with the amounts at the date of Sales Order, all grants and incentive figures are subject to change at any time and at discretion of the issuing body or company offering the grant or incentive.

Data Protection

AEA will comply with the terms of the Data Protection Act 1997 and 2003. Any personal information collected by AEA including the customer’s name,address,telephone number and other details furnished by the customer shall not be disclosed by AEA to any third party without the consent of the customer unless required to do so by law, search warrant, subpoena, court order or in the interests of protection of intellectual property rights or at any other such time as AEA acting in good faith may deem appropriate

What data do we collect about you?

Data collected during registration – In order to use some features of our system you will need to register. When registering, we will ask you for an email address, password and the name of the account you will use on our site.
Data collected automatically – During your visit to our website, we will automatically collect data about your visit, and more specifically your IP address.
Data collected when you contact us – When you contact us via a website, phone, email, etc., you give us your personal information, such as your name, email address.

How do we use your data?

In no event will we sell data collected about you to third parties.
Data collected during registration will only be used to enable you to log in to our system.
Data collected during correspondence between you and our service will be used solely to respond to your inquiry.
Automatically collected data will be used to track statistics, view the number of users on the site, and logged in users.
In case of inspection by the General Inspectorate for Personal Data Protection, your data may be made available to the Inspectorate employees in accordance with the Personal Data Protection Act.
In the event of a violation of our Terms of Service, violation of law, or where required by law, we may share your information with the judicial authorities.

How will we contact you?

If you contact us via the Contact tab, you can expect that we will reply to the email you provided on the form or by phone if a number is given.

How can you tell us about a change of data?

When you log in to the system and select the Edit account section, you can make changes to your personal information collected during registration and used to log into the system. When you select Delete account, you can delete your account with all your personal data. Data collected automatically can not be changed or deleted.

Use of cookies (“cookies”)

Our website may use cookies to identify your browser when using our site, so we know what page you view. Cookies do not contain any personal information. Cookies contain information about which language your site is preferred by you.

How do we secure your personal information?

Both our server and all our databases are protected against third-party viewing.

Changes to our Terms & Conditions

We reserve the right to change this terms & conditions by posting a new terms & conditions on this site.