Transcript
RVR Energy Technology Limited - Customer Care: Field Service Contract (Commercial) - Terms and Conditions
Troubleshooting error codes appearing on the equipment screen(s), if any
The Service Representative will work together with the customer to ensure that the customer is properly instructed on how to proceed safely.
Definitions:
3.3 EXCLUSIONS “FIELD SERVICE” means installation, inspection, servicing, reconditioning, start-up, alteration, repair, replacement, or correction of Equipment, or a part thereof. “TECHNICAL SUPPORT” means telephone, email or online support comprising of troubleshooting, discussion, advice, diagnostics relating to the correction of Equipment, or a part thereof. “SERVICE REPRESENTATIVE” means the person(s) authorised by RVR Energy Technology Limited to furnish Technical support and/or Field Service hereunder. “EQUIPMENT” means the Boiler, Space Heater, Water Heater, Solar Heating Panels, Water Pump and any associated temperature controls or time clocks that are the subject of the Field Service rendered hereunder. Connected pipes, cables, flues, chimneys and drains are specifically excluded. “CUSTOMER” means the person, partnership, company, corporation purchasing a "Field Service Contract" “FIELD SERVICE CONTRACT” means the annual service contract offered by RVR Energy Technology Limited and accepted by the customer. “COMPLETE FAILURE” means that the Customer is entirely or almost entirely without water heating and/or space heating. “MAJOR FAILURE” means that the Customer still has water heating and/or space heating available but at a reduced capacity “MINOR FAILURE” means that the Customer still has water heating and/or space heating at full or near full capacity
Without limitation, the scope of RVR Energy Technology Limited’s technical support does not include support for the following:
General usage and “how to” questions after the first 30 days Troubleshooting or diagnostics on any equipment not explicitly covered under the Field Service Contract
Non-critical failures that fall within industry specified tolerances
3.4 Successful Troubleshooting On completion of troubleshooting, if the problem has been resolved and the equipment has been determined to be functioning correctly by the Service Representative, no further action shall be required and no Field Service will be made. Where equipment is found to be temporarily "locked out" due to environmental conditions or a lack of services, no further action shall be required and no Field Service will be made. Where the cause of the fault is found to be an item which is excluded from the Field Service Contract under section 7 of these terms and conditions, no further action shall be required and no Field Service will be made. 3.5 Unsuccessful Troubleshooting Where the Service Representative carries out troubleshooting and fails to find or solve the root cause of the fault then RVR Energy Technology Limited will send a Service Representative to perform a Field Service if the Customer requests it.
Synopsis:
3.6 Failed Troubleshooting
This document outlines the terms and conditions for Commercial Field Service Contracts only. These conditions apply to all field service carried out under a Commercial Field Service Contract.
In the following situations the troubleshooting will be determined to have failed and RVR shall have no obligation to send a Service representative to provide Field Service:
A seperate set of terms and conditions for Domestic Field Service Contracts and for Standard Field Service (where no annual contract exists) are available elsewhere. THESE TERMS AND CONDITIONS SHALL BE IN ADDITION TO THE RVR ENERGY TECHNOLOGY LIMITED STANDARD CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS, COPIES OF WHICH MAY BE INSPECTED AT OUR OFFICES OR DOWNLOADED ELSEWHERE. 1. Introduction 1.1 RVR Energy Technology Limited offers to sell or otherwise provide a Field Service Contract upon the terms and conditions specified herein. The Customer shall indicate its acceptance of this offer by written acceptance or confirmation transmitted by post, fax or electronic mail. 1.2 These Field Service Terms and Conditions, together with any offer document issued to the Customer by RVR Energy Technology Limited and other RVR Energy Technology Limited terms and conditions as stipulated above shall constitute the entire agreement of the parties and shall not be modified except in writing issued and signed by RVR Energy Technology Limited. No prior representations or agreements between the parties, oral or written, not embodied herein shall be of any force to effect and any said prior representations or agreements are hereby revoked and superseded. No terms stated by Customer in accepting or acknowledging this offer or otherwise shall be binding except as expressly incorporated herein by RVR Energy Technology Limited and the Customer is hereby notified of RVR Energy Technology Limited’s objection to and rejection of additional or different terms in Customer’s purchase order, acknowledgement or other forms. This offer is expressly limited to acceptance upon the terms and conditions contained herein. 1.3 RVR Energy Technology Limited will provide a Field Service Report together with an invoice for each field service. No other documentation or proofs of field service will be provided. 2. Offer of Contract 2.1 RVR Energy Technology Limited and the Customer must undertake the following steps before the Field Service Contract can be agreed.
RVR Energy Technology Limited will send a Service Representative to site to survey the equipment installed and general environmental conditions. The Customer agrees to pre-pay the Survey charge by credit card. The current charge will be notified to the customer at time of booking. Charge as of 13th October 2010: €150 + VAT. RVR Energy Technology Limited will issue a report indicating any issues which must be resolved before the contract can be agreed. This may include but is not limited to : Existing faults in the equipment; Adverse environmental conditions; Safety issues. RVR Energy Technology Limited will also issue a quotation for the Field Service Contract. The Customer must undertake remedial work to ensure that all indicated issues are resolved. This will be carried out solely at the Customer’s cost. Where the customer requests RVR Energy Technology Limited to undertake the remedial work it will be carried out and charged as per the standard Field Service Conditions and for the purposes of the contract offer RVR Energy Technology Limited will be satisfied that everything has been resolved satisfactorily. Where a third party undertakes the remedial work then RVR Energy Technology Limited may, at its' discretion, require a second site visit to ensure that remedial work has been carried out to acceptable standards. Where the Customer does not agree to resolve any outstanding issues, RVR Energy Technology Limited may, at its' discretion either a) Exclude any equipment which may be affected by these issues from the contract offer or b) Agree to include equipment which may be affected by these issues in the contract offer. These issues will be specifically listed on the contract offer. Faults caused by these issues will be excluded from the Field Service Contract and will be dealt with as per section 7 of these terms and conditions.
Once all these steps have been completed, RVR Energy Technology Ltd will issue the offer of contract by post. A breakdown of the price of the Field Service Contract will be listed on the contract offer.
Where the customer refuses to assist RVR Energy Technology Limited in performing troubleshooting Where the customer fails to make information available to RVR Energy Technology Limited Where the Service Representative determines that the primary cause of the fault is specifically excluded from the Field Service Contract under section 7 of these terms and conditions
In these situations RVR Energy Technology shall have no obligation to provide further Troubleshooting, Technical Support or Field Service until these item(s) are remedied. 4. Field Service Where technical support has been unsuccessful in troubleshooting the issue, and only in this instance, a Service Representative shall visit the site to provide Field Service. In order to guarantee the schedules below, the Customer must log the Technical Support call verbally with the service department administrator before 17:00 Monday-Friday. Once this has been done then the Service Representative shall adhere to the following schedule. During peak times (particularly winter) and due to other unforeseen circumstances it may not always be possible to adhere to these schedules but customers with service contracts will always be prioritised. 4.1 - Complete Failure A Service Representative will provide Field Service within the next business day, after completion of telephone-based troubleshooting. 4.2 – Major Failure A Service Representative will attempt telephone-based troubleshooting within the next business day. Where this is unsuccessful a Service Representative will provide Field Service within the next two business days after the initial call. 4.3 – Minor Failure A Service Representative will attempt telephone-based troubleshooting no later than the next business day. Where this is unsuccessful a Service Representative will provide Field Service within the next four business days of the initial call. 4.4 - General Schedule Terms a) Where a call is logged after 17:00, RVR Energy Technology Limited is under no obligation to guarantee the schedules above. However, every effort will be made to do so where possible. b) Where the Service Representative determines that a failure may become more severe, or believes that the failure could cause a safety hazard, RVR Energy Technology Limited will make every effort to send a Service Representative to provide Field Service sooner than outlined above. 4.5 - Emergency Field Service Field Service is available on business days only. Additional working days are scheduled during major national and annual holidays to cater for Complete Failures and Major Failures. Emergency Field Service is available outside of these days, however this will incur a surcharge as this work is not covered under the Field Service Contract. An emergency number will be provided the Customer's request, which will be available outside of business and working days only. This will allow the Customer to either speak with a Service Representative or leave a message. This number will only allow the customer to book an Emergency Field Service. No technical support will be offered on this number. This number will not be available on Christmas day and New years day. Emergency Field services will incur a surcharge. The Service Representative will inform you of the current charge at time of booking the Emergency Field Service. This charge must be paid by Credit Card or Cheque before the Service Representative begins Field Service work. Surcharge as of 13th October 2010: Saturday Emergency Field Charge: €250 + VAT; Sunday or other non business day Emergency Field Charge: €400 + VAT; 5. Access to the Equipment
2.2 The Field Service Contract shall not be in effect until the following steps have been completed:
5.1 The Customer will ensure that it is possible for the Field Service Representative to enter the place in which the Equipment is installed.
a) RVR Energy Technology Limited have recieved payment in full from the Customer for the amount agreed upon, or RVR Energy Technology Limited and the Customer agree on a direct debit payment schedule and RVR Energy Technology Limited receives a valid signed Direct Debit mandate.
The Customer will also ensure that there is safe and adequate access to all parts of the Equipment to permit Field Service to be carried out.
b) The customer returns a signed agreement form to RVR Energy Technology Limited by Post. c) The customer receives a copy of the agreement signed by a representative of RVR Energy Technology Limited. 3. Technical Support In the event of a problem with any of the products specified in the Field Service Contract the Customer agrees to undertake the following steps: a) The Customer shall refer to the instruction manual for the equipment to determine if this is an issue which the Customer can resolve
If the equipment is installed in a location requiring special access methods such as scaffolding or special safety equipment for working at height, then the Customer will provide the method of access unless otherwise agreed in writing between the parties. 5.2 The determination of what constitutes safe and adequate access will be made by the Field Service Representative only, in compliance with best practices as incorporated into Health and Safety legislation in place at that time in the Republic of Ireland. 5.3 The Customer will be liable for all costs of the visit in the event that it is not possible to carry out the Field Service due to lack of safe and adequate access. These cost will be billed at the current Standard Field Service Charges (for example call out charge + time on site). These charges are always available and up to date at www.RVR.ie
b) Where no suitable solution is found in the instruction manual then the Customer shall contact RVR Energy Technology Limited Customer Care department for telephone or email technical support.
6. Part, Material or Tool availability
Telephone support and service will be provided Monday-Friday during local business hours and will exclude weekends, national holidays and annual holidays. During the Easter period, Christmas, New Year and annual holidays an emergency support number will be made available to the customer.
6.1 Where the Field Service Representative visits site and does not have a required part, material or equipment to effect the Field Service, then a return visit will be required. There will be no “call out charge” for the return visit – this includes the first hour on-site at no cost. Additional labour and parts/materials will be charged as normal as per clauses 10 and 11.
Email support will be responded to as soon as possible and no later than the next business day.
6.2 The Field Service Representative will secure the required materials before the return visit.
RVR Energy Technology Limited will send parts or provide an engineer service only if it has been established that the problem cannot be solved by recommended telephone or email troubleshooting procedures as outlined below and a representative of RVR Energy Technology Limited agrees that a service call would resolve the issue.
6.3 The onus is on the Customer to contact the RVR Energy Technology Ltd Service Department Administrator and agree a suitable date and time for the return visit (subject to part/material/tool availability).
3.1 Required Information
7. Exclusions
Each product covered under the Field Service Contract will have a serial number and model type markings clearly visible. The customer shall provide the details of the faulty product when contacting RVR Energy Technology Limited. To complete the diagnostics the customer must have convenient access to the faulty system when contacting RVR Energy Technology Limited. 3.2 Troubleshooting For each technical support issue, the Service Representative will have been trained to undertake a process to ensure the fastest possible resolution. To do this the Service Representative will request the Customer’s assistance to help “troubleshoot” the problem in order for the technician to diagnose the fault. The diagnostic process will enable the Service Representative to identify the system part that has failed, if any, so that a replacement part can be provided. Examples of what can be included in the scope of the hardware fault diagnostics are:
Running diagnostic tests appropriate for the problem reported.
7.1 The following items are exempt from the Field Service contract. Field Service Callouts where the primary cause of a fault is determined to be one of the following items are not covered under the Field Service Contract. These callouts may be billed at the current Standard Field Service Charges (for example call out charge + time on site). The decision to charge will be made on a case by case basis at RVR Energy Technology Limited's discretion.
Leakage, blockage or failure of pipes, fittings, valves, wires, cables, ducts, flues, chimneys, drains or controllers connected to the equipment; Faults in any of the following items: Electricity, oil, gas, sewer, water supplies, drains or other connections to the equipment; Lack of a supply of any of the following services: Electricity, gas, oil, water Faults caused by equipment not originally supplied by RVR Energy Technology Limited
Failure of the installer of the equipment to comply with the installation instructions published by the supplier of the equipment; Failure of the installer of the equipment to comply with Irish standards, European standards, Building Regulations, IEE regulations, Local Authority requirements or relevant codes of practice;
10.2 In the event of dispute between the Customer and RVR Energy Technology Limited the Customer agrees to pay the sum of the following amounts: €150 fixed charge plus €50 per hour or portion thereof which the Field Service Representative spends at the premises where the equipment is installed plus the retail cost of all parts and materials used by the Field Service Representative in rendering Field Service hereunder plus the amount of VAT due. 10.3 RVR Energy Technology Limited shall invoice the Customer for all charges incurred in accordance herewith.
Failure of the installer of the equipment to comply with accepted industry good practice; Use of chemical or other substances in the installation of the equipment which are incompatible with seals, pipes, switches, connections, flues and chimneys connected to the equipment or forming part of the equipment;
11. Payments The customer agrees to pay all charges in full and on time. Permissable payment methods are: Credit or Debit Card, Cheque in advance or Pro-forma bank transfer. No form of credit is permissable.
Faults in the hydraulic design of the system;
11.1 Payments by Cheque or Bank Transfer
Incorrect use of the equipment or modification of the equipment
Payments by cheque or bank transfer are only possible where to cost of the Field Service is known in advance. Cheques must clear before the field service can be carried out.
Faults caused by any equipment not specified in the Field Service Contract The abuse of equipment during and/or after the installation of the equipment. Malicious damage. Usage not in accordance with product instructions. Relocation of equipment without prior notification Servicing not authorised by RVR Energy Technology Limited Environmental conditions. Act of God, fire, flood, act of violence or any similar occurrence. Faults caused as a result of issues identified during the initial survey but not subsequently resolved by the Customer. Faults caused by a third party
11.2 Payments by Credit Card or Debit Card Credit or Debit Card details must be provided before the Field Service Representative carries out Field Service unless otherwise agreed with RVR Energy Technology Limited. 11.3 Where credit or debit card is chosen as means of payment, RVR Energy Technology Ltd will pre-authorise a payment on the furnished card details as a guarantee that funds are available. Typically, a pre-authorisation of €500 will be applied. RVR reserve the right to pre-authorise larger amounts at their discretion. 11.4 Any amounts pre-authorised do not indicate a maximum charge. The customer shall be liable for all costs incurred during the field service. 11.5 Payment for the cost of the Field Service will be deducted from the furnished card on completion of the Field Service. 11.6 RVR Energy Technology Ltd may, at their sole discretion, agree an alternative payment method. 11.7 Late payments Interest will be applied on a daily basis to all outstanding balances which are past the due date. This includes:
Missed Direct Debit payments Declined Credit Card payments Cheques which do not clear
The applicable rate shall be the European Central Bank rate plus seven percent. Boiler Locked out due to environmental or other temporary conditions Lime, Chlorides or other adverse particles in the water supply
8. Field Service Conditions 8.1 - Number of Field Service Visits The number of Field Service visits which are free of charge will be stipulated in the agreement document which is signed by the Customer. The agreement document may stipulate one of the following: Unlimited visits - RVR Energy Technology Limited agree to undertake an unlimited number of Field Service visits over the duration of the Field Service Contract, subject to the terms and conditions contained herein. Specific number of visits - RVR Energy Technology Limited agree to undertake up to the specified number of Field Service visits over the duration of the Field Service Contract, subject to the terms and conditions contained herein. Until the agreed number of Field Service visits are exceeded, the only charge levied on the Customer will be for parts, except in the following circumstances: a) where the Customer fails to make provision for access to equipment as per section 5 of these terms and conditions b) where the fault discovered is specifically excluded from the contract as per section 7 of these terms and conditions c) as otherwise specified in these terms and conditions. Once the Customer has exceeded the number of visits specified, the Customer agrees to pay the cost of any subsequent visits. 8.2. - Parts The cost of Parts is not covered under the Field Service Contract. The customer agrees to pay RVR Energy Technology Limited for the cost of parts used during a Field Service. 8.3 Discounts
12. Warranty 12.1 Services – RVR Energy Technology Limited warrants for a period of sixty (60) days from the date of completion of the Field Service rendered pursuant hereto that said Field Service shall conform to standards customary in the profession for services of a similar nature. 12.2 Parts and Materials – RVR Energy Technology Limited warrants for a period of sixty (60) days from the date of completion of the Field Service rendered pursuant hereto that all parts and materials supplied pursuant to said Field Service shall be free from defects in material and workmanship. 12.3 Remedy – Should any nonconformity with this warranty appear in such parts and material during the terms of this warranty, RVR Energy Technology Limited shall, at its option, repair or replace the nonconforming part of material, upon timely and proper notification by the Customer and having had the opportunity to inspect the parts and material and verify the alleged nonconformity. 13. Force Majeure 13.1 RVR Energy Technology Limited will not be in breach of their contract with the Customer for any delay in performing, or failure to perform, obligations under these conditions of sale if that delay or failure was due to any cause or circumstance beyond their reasonable control by their inability to procure services, materials or articles required for the performance of the contract, except at enhanced prices. In these circumstances, RVR Energy Technology Limited may at their sole option delay the performance of or cancel the whole or any part of the contract without liability to the Customer. If RVR Energy Technology Limited cancel part of the contract the Customer shall pay for the Field Service delivered on a pro rata basis. 14. Waiver
A discount of 10% on the cost of Parts and on additional Field Service Visits is available to Customers with a valid Field Service Contract.
14.1 RVR Energy Technology Limited’s waiver of any breach by the Customer of any of the provisions contained herein shall not constitute a waiver of any other breach of the same or any other provision.
To secure this 10% discount, the Customer must either a) have a valid direct debit agreement in place with RVR Energy Technology Limited or b) guarantee payment by means of provision of a valid Credit Card before the Field Service Visit. RVR Energy Technology reserves the right to make a pre-authorisation on any provided credit card as a further guarantee.
RVR Energy Technology Limited’s rights and remedies under any provision contained herein shall be in addition to and not in substitution or limitation of any other rights and remedies available to RVR Energy Technology Limited under applicable law.
RVR Energy Technology Ltd reserve the right to agree an alternative payment method.
15. Governing Law and Jurisdiction
8.4 Items which do not qualify for discounts Any parts which have been specifically excluded from the Field Service Contract offer, or failure of parts caused by items excluded from the Field Service Contract offer, will not be subject to any discount. Any Field Service Visits or parts ordered by the customer relating to these items will not be subject to any discount. 9. Limitation of Liability
15.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Irish courts. RVR Energy Technology Limited may bring legal proceedings in any court of competent jurisdiction.
9.1 Notwithstanding anything herein to the contrary, under no circumstances shall RVR Energy Technology Limited be responsible or liable for any loss, cost, or damage arising from any source whatsoever, including negligence, in excess of the price paid by the Customer for the field service contract, parts and materials which gives rise to the loss, cost, or damage.
16. Miscellaneous
9.2 RVR Energy Technology Limited accepts no liability for loss, cost or damage arising from:
16.2 The Customer may not assign, sub-licence or otherwise transfer any of their rights under these terms and conditions.
Faults in the design of the equipment; Leakage, blockage or failure of pipes, fittings, valves, wires, cables, ducts, flues, chimneys, drains or controllers connected to the equipment; Faults in the electricity, oil, gas, sewer, water supplies, drains or other connections to the equipment; Faults caused by equipment not originally supplied by RVR Energy Technology Limited Faults or errors in the installation of the equipment; Failure of the installer of the equipment to comply with the installation instructions published by the supplier of the equipment; Failure of the installer of the equipment to comply with Irish standards, European standards, Building Regulations, IEE regulations, Local Authority requirements or relevant codes of practice; Failure of the installer of the equipment to comply with accepted industry good practice; Use of chemical substances in the installation of the equipment which are incompatible with seals used in pipes, connections, flues and chimneys connected to the equipment or forming part of the equipment; Incorrect use of the equipment or modification of the equipment; Failure of the installer of the equipment to ensure that the equipment is accessible to RVR Energy Technology Limited to allow proper Field service. Failure of proper use of the equipment following installation The abuse of equipment during and/or after the installation of the equipment. Failure caused by any third party Any cause for exclusion listed under section 7.
10. Compensation and Invoicing 10.1 In consideration for the Field Service Contract rendered hereunder, Customer shall pay RVR Energy Technology Limited the amount(s) requested.
16.1 Any headings preceding the text of the several articles hereof are inserted solely for convenience of reference, shall not constitute a part hereof, and shall not otherwise affect the meanings, content, effect or construction hereof. 16.3 RVR Energy Technology Limited may amend these terms from time to time, for instance to comply with regulatory or legislative developments. Where such updates are material, we will provide you with a copy of any such amended terms. 16.4 Any failure by RVR Energy Technology Limited to exercise, or any delay by RVR Energy Technology Limited in exercising, a right or remedy provided to it by or under this Agreement will not constitute a waiver thereof. 16.5 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Effective date – 13th October 2010
