REVERSE OSMOSIS SERVICE COVER PLAN
This Agreement relates to the Annual Maintenance, Assistance Support and Warranty Coverage for a Reverse Osmosis water filtration unit. GULP Limited (Gulp) agrees to provide you (Customer) with the services set out on your Service Plan Cover Certificate (Certificate of Coverage) subject to the TERMS AND CONDITIONS set out below and these are the terms and conditions referenced on the Certificate of Coverage.
The duration of coverage is related to way you have chosen to pay for your service plan.
Payment by Direct Debit: Coverage begins on completion of the initial Unit Annual Maintenance visit and extends for an initial period to the lesser of 60 days or receipt by Gulp of the initial monthly subscription. Cover is then extended for one month from payment of each monthly subscription. Cover may be suspended or cancelled upon non-payment of monthly subscriptions – see Direct Debit Terms & Conditions for full details.
COD Payment: Coverage is activated on completion of Annual Maintenance and payment of the maintenance fee and cover remains active for one calendar year.
TERMS & CONDITIONS
Service will be performed on your premises unless in the opinion of our representative that the work must be performed in our service workshops.
You agree to give the Gulp’s representative full and free access to the Equipment and to comply with all reasonable requests of Gulp and our representative in the testing and servicing of the Equipment.
Gulp may terminate service coverage if the equipment is moved from its original installation address to a location outside the area covered by the Gulp’s service force.
Charges will apply where Gulp reinstalls and commissions the Unit either in your existing property or at a property in a new location. The charge will be dependent on the labour, parts and travel costs associated with the reinstallation.
CLIENT SUPPORT & ASSISTANCE:
Support can be accessed during normal business hours by telephoning (091) 380102. Contact can also be made by emailing email@example.com or through the company website at www.gulp.ie
REPRESENTATION, WARRANTIES AND EXCLUSIONS OF LIABILITY:
Gulp will use its “best efforts” to provide maintenance and service support in a prompt manner but accepts no liability in respect of accident, wilful damage, negligence, abnormal environmental conditions, misuse or failure to follow instructions, loss or damage directly or indirectly caused by the Equipment not being repaired properly, by length of down time, temporary shortages or unavailability of the replacement parts, or temporary unavailability of qualified Service personnel.
Gulp’s liability to any party howsoever arising is limited to €200 except in cases of personal injury or death. Except in respect of personal injury or death caused by the Company’s negligence it shall not be liable for any consequential loss, damage or compensation, which arise about the Appliance except as provided herein.
All Warranties, or other terms implied by statute or common law are excluded to the extent permitted by the law. The Company shall not be in breach for failure to perform its obligations if due to a cause beyond its control.
ASSISTANCE SUPPORT LIMITATIONS & EXCLUSIONS
Assistance Support as provided for in Service Plans A and B is a fair usage limit of 2 such visits per annum and thereafter such visits are chargeable.
Where your Service Cover Plan includes Assistance Support, Gulp may charge the you the full cost which it incurs if we respond to a service request which when the evaluated by our representative is determined to be due to
a) Customer imagination; or
b) where it is found that equipment is operating as specified; or
c) the Equipment has been modified or repaired by anyone other than an authorised Gulp technician, or
d) if the Equipment contains non-Gulp supplied parts; or
e) the Equipment requires repair of damages caused by external factors, including, but not limited to: loss or damage resulting from the elements, misuse, abuse, or the operation of the Equipment in improper environments, such as, but not limited to, locations having defective or inadequate power source, static electricity, or excessive interference caused by external sources.
The Terms & Conditions herein together with the Certificate of Coverage, constitute the entire Agreement between the parties, and replaces all previous communications, representations, understandings, and Agreements, whether verbal or written between the parties. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such parties.
Any dispute arising between the parties in relation to any matter arising under, out of or about this Agreement shall be referred to arbitration under the Arbitration Acts 1954-1980 as amended under the Arbitration Rules of the Chartered Institute of Arbitrators – Irish Branch. If the parties fail to agree on the appointment of an arbitrator, an arbitrator shall be appointed by the Chartered Institute of Arbitrators – Irish Branch.
GOVERNING LAWS & JURISDICTION.
This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland and the parties hereto submit to the jurisdiction of the Irish Courts.
COSTS OF LEGAL ACTION.
In the event, any action is brought to enforce this Agreement, the prevailing party shall be entitled to recover its costs of enforcement including, without limitation, attorneys’ fees and court costs.
Any notice shall be deemed given if sent by registered mail, postage prepaid with return receipt requested, addressed to the other party at the address set forth in the Agreement or at such other address for which such party gives notice hereunder. Delivery shall be deemed effective three (3) days after deposit with postal authorities.
DELAY IS NOT A WAIVER.
No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided in this Agreement, shall operate as a waiver of any such right, power or remedy.
ASSIGNABILITY & BINDING EFFECT.
The Company may transfer or assign this Agreement without the permission of the Customer and all such assignees and transferees agree to be bound by the terms of this Agreement prior to such assignment or transfer. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
CERTAIN SECTIONS INVALID.
If any provisions of this Agreement are held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
DIRECT DEBIT TERMS & CONDITIONS
The Company makes a Direct Debit payment option available to customers subject to the following terms and conditions:
1. Continued access to the Direct Debit payment program is at the sole discretion of the Company.
2. To avail of the Direct Debit payment option the Customer shall provide a valid Direct Debit instruction on or prior to completion of initial works governed by the agreement.
3. The initial monthly subscription will be collected within 60 days of the provision of a valid Direct Debit Mandate Instruction and subsequent monthly subscriptions will be collected on or after the 28th of each subsequent month while the agreement remains active.
4. Where a direct debit instruction is rejected by the Customers bank, the Customer may be required to reimburse the Company any related bank charges and to pay a late payment fee of up to €5.00 per week or part thereof from the date of scheduled payment to the actual date that payment is received by the Company. The minimum late payment fee that the Company may charge is €15.00;
5. If the Customers bank twice rejects the direct debit instruction or if the Customer refuses to pay arrears arising due to non-payment of any monthly subscription on demand, the Company may suspend coverage until all outstanding amounts inclusive of late charges are paid.
6. If, within 6 months of completion of any service visit, the Company withdraws the direct debit payment option or the Customer cancels the direct debit instruction, the customer agrees to pay an exit charge of €100. Payment of the exit charge extends coverage to the next due maintenance date.
7. The Company reserves the right to adjust the Monthly Subscriptions. In the event of such adjustment the Customer has shall be notified of any intended adjustment a minimum of 60 days in advance of the intended date