Terms & Conditions

Superdrain Limited, Company Registration No. 272928, 110 Elm Road, Western Industrial Estate, Naas Road, Dublin 12, D12 X018, Ireland (also referred to in trading, correspondence or documentation as “Super Drain”, and referred to in these Terms as “Superdrain”, “the Company”, “we”, “us” or “our”).
These Terms operate to the fullest extent permitted by applicable Irish and European Union law. Nothing excludes, restricts or prejudices any right, remedy, obligation or liability which cannot lawfully be excluded or restricted.

1. APPLICATION AND DEFINITIONS
1.1 These Terms apply to all quotations, proposals, orders, call-outs, contracts, works, services, goods and equipment supplied by Superdrain Limited unless different terms are expressly agreed in writing by an authorised Director.
1.2 “Customer” means the contracting person or entity. “Business Customer” means a Customer acting for purposes relating to its trade, business, craft, profession or public function. “Consumer” means a natural person acting wholly or mainly outside that person’s trade, business, craft or profession.
1.3 “Services” includes drainage cleaning and maintenance; high-pressure water jetting; jet-vac and suction; CCTV surveys; tracing and mapping; rehabilitation, lining, patching and robotic cutting; drainage and civil repairs; pump station, pump and mechanical services; grease trap, interceptor and septic services; hazardous and non-hazardous waste collection and transport; environmental services; emergency response; PPM; consultancy; inspection; and related works.
1.4 “Goods” includes pumps, grease traps, interceptors, tanks, control panels, valves, pipework, drainage products, electrical and mechanical equipment, replacement components and materials. “Contract” means the quotation or agreed scope, these Terms, agreed variations and any special conditions expressly agreed in writing.
1.5 References to “Super Drain”, “Superdrain”, “Super Drain Ltd” or similar trading or abbreviated references in quotations, purchase orders, correspondence, work orders, invoices or other documentation shall, where the context reasonably indicates, be construed as references to Superdrain Limited. The contracting legal entity remains Superdrain Limited unless expressly agreed otherwise in writing.

2. INCORPORATION AND ACCEPTANCE
2.1 These Terms form part of every Contract where supplied to the Customer or where a pre-contract document states that Superdrain Limited’s General Terms and Conditions apply and identifies where they may be accessed.
2.2 Subject to mandatory consumer requirements, acceptance may occur by signing or electronically accepting a quotation; issuing a purchase order following receipt of our quotation; written acceptance; requesting mobilisation or commencement; instructing reactive/emergency attendance; or permitting work to commence.
2.3 A person instructing Superdrain Limited for an organisation represents that they have authority. Customer purchase-order or procurement terms do not supersede these Terms merely by being supplied to Superdrain Limited. Variations require express written agreement by an authorised representative.
2.4 Order of precedence: (a) expressly agreed special conditions; (b) Superdrain Limited’s quotation and agreed scope; (c) these Terms; (d) other Contract documents. Mandatory law prevails.

3. QUOTATIONS, ESTIMATES AND FIXED PRICES
3.1 Quotations are valid for 60 days unless otherwise stated. An Estimate is based on information reasonably available when prepared and may vary according to actual work reasonably required.
3.2 A Fixed Price applies only to the stated scope and assumptions and excludes variations, additional work and materially different or unforeseeable conditions outside scope.
3.3 Prices exclude VAT unless expressly stated otherwise. VAT is charged at the applicable rate. Programme, mobilisation, attendance and completion dates are estimates unless expressly guaranteed in writing.
3.4 No quotation includes work, equipment, waste disposal, reinstatement, testing, permits, traffic management or third-party charges not expressly stated as included.

3A. WORK ORDERS, SERVICE REQUESTS AND OFFICIAL ORDERING CHANNEL
3A.1 All work orders, service requests, purchase orders, call-out requests and instructions to undertake Services should be emailed to [email protected]. This is Superdrain Limited’s designated operational ordering channel for CRM, ticketing, allocation and tracking.
3A.2 Following submission of an urgent, reactive or time-sensitive request, the Customer should telephone 01 409 7070 to confirm that the request has been received and brought to the attention of the operations team.
3A.3 An email sent solely to an individual Superdrain Limited employee, director, operative or representative does not by itself confirm that a work order has been received, logged, accepted, scheduled or allocated by the operations department. A telephone call, SMS/text, WhatsApp, direct message or other informal communication to an individual employee or representative does not by itself constitute evidence that a work order has been formally received, logged, accepted or scheduled.
3A.4 Submission of a work order does not itself constitute acceptance or guaranteed attendance. An automated acknowledgement or delivery receipt is not, by itself, acceptance. Acceptance may occur through express confirmation, allocation, mobilisation, commencement or other conduct clearly demonstrating acceptance.
3A.5 To the fullest extent permitted by law, Superdrain Limited is not responsible for delay, non-attendance or resulting loss arising solely because a Customer failed to use the designated ordering process and the request was not actually received, logged and accepted by the operations team.
3A.6 Nothing prevents Superdrain Limited from accepting or acting upon an instruction received through another channel. Where Superdrain Limited acknowledges, mobilises in response to, commences or performs Services pursuant to such instruction, the Customer may not avoid payment merely because the instruction was not originally submitted to [email protected].
3A.7 For Business Customers, Superdrain Limited may reasonably rely upon an instruction from a facilities manager, site manager, engineer, contract manager, property manager, employee, representative or other person whom the Customer has presented, or whom Superdrain Limited reasonably understands, as authorised to request the relevant Services.
3A.8 The Customer’s failure subsequently to issue an internal purchase order, cost code, goods-received note, procurement approval or similar internal document does not, of itself, invalidate an otherwise authorised instruction or relieve a Business Customer of liability for Services or Goods properly supplied.
3A.9 Where a framework agreement, planned-maintenance contract or expressly agreed written arrangement establishes a different ordering procedure, that procedure prevails to the extent of inconsistency.

4. UNFORESEEN CONDITIONS AND VARIATIONS
4.1 Drainage, environmental, waste and underground works may involve concealed conditions including collapsed/damaged drainage, roots, hardened deposits, excessive grease/solids, buried chambers, unknown connections, inaccurate drawings, unidentified utilities, contamination, hazardous substances, unexpected waste classifications, groundwater, structural defects, confined-space requirements, traffic management, seized covers, additional cleaning and unexpected ground conditions.
4.2 Such matters are additional or varied work where outside scope. Wherever reasonably practicable, Superdrain Limited will advise the Customer and obtain appropriate authorisation before a material variation.
4.3 Where immediate action is reasonably necessary to protect life, health, property, infrastructure or the environment, Superdrain Limited may take reasonable emergency measures within the instructed purpose and charge reasonable costs to the extent permitted by law and Contract.
4.4 Additional/varied work may be authorised by an authorised Customer representative on site or through email, telephone or other agreed communication.

5. CUSTOMER RESPONSIBILITIES AND ACCESS
5.1 The Customer shall provide accurate information reasonably relevant to the work, including available drainage/utility drawings, process information, access requirements, contamination, waste characteristics, hazardous materials and known site hazards.
5.2 The Customer shall provide safe and reasonable access and, unless included in scope, arrange escorts, inductions, shutdowns, permits, keys, security clearance and Customer-controlled authorisations.
5.3 Where access is unavailable or materially delayed for reasons within the Customer’s control, Superdrain Limited may recover reasonable additional waiting, attendance, demobilisation, remobilisation, labour and plant costs.
5.4 A Customer instructing work on third-party property or infrastructure warrants, so far as reasonably applicable, that it has authority to do so.

6. HEALTH, SAFETY AND ENVIRONMENTAL COMPLIANCE
6.1 The Customer must disclose known hazardous substances, asbestos, contaminated ground, chemical/biological hazards, explosive atmospheres, unstable structures, confined-space hazards, process risks and live/concealed services.
6.2 Superdrain Limited may refuse, stop, suspend or alter work reasonably considered unsafe, unlawful, environmentally unacceptable or materially different from that disclosed. Reasonable additional costs caused by materially inaccurate/incomplete Customer information or Customer-controlled unsafe conditions may be charged where lawful.
6.3 Superdrain Limited is not required to carry out an instruction which would breach legislation, a permit, authorisation, safety requirement or environmental obligation.

7. REACTIVE AND EMERGENCY WORK
7.1 Reactive and emergency services are provided on a reasonable-endeavours basis. Response/arrival times are not guaranteed unless expressly agreed.
7.2 Applicable call-out, minimum attendance, labour, travel, plant, materials, waste, disposal and out-of-hours charges shall be advised or agreed as appropriate.
7.3 Attendance at a blockage, flooding incident, spill, pump failure or other emergency does not represent that the underlying cause can be permanently remedied on the initial attendance. Temporary works may require separately chargeable permanent works.

8. DRAIN CLEANING, BLOCKAGES AND CCTV
8.1 Drain cleaning/blockage removal is intended to restore or improve flow so far as reasonably practicable and does not guarantee against recurrence. Recurrence may result from structural defects, inadequate falls, roots, FOG, scale, foreign objects, misuse, capacity restrictions or other underlying conditions.
8.2 Jetting, mechanical cleaning and cutting can reveal pre-existing weaknesses. Superdrain Limited is not responsible for failure arising solely from pre-existing deterioration, defective construction or latent weakness not reasonably identifiable beforehand, without excluding liability for its own negligence or breach.
8.3 CCTV surveys record observable conditions in accessible portions at the date/time of inspection. Deposits, standing water, bends, diameter changes, damage, roots and obstructions may restrict visibility. Additional cleaning needed for CCTV access is separately chargeable unless included.
8.4 CCTV inspection is not, unless expressly stated, structural engineering certification or a warranty that no concealed defect exists. Locations, measurements and layouts from CCTV, tracing or surface observations are approximate unless a measured survey is included.

9. MANHOLES, EXCAVATION AND REHABILITATION
9.1 Superdrain Limited will make reasonable attempts to open covers within scope but is not responsible for pre-existing seized, corroded, concreted, paved-over, structurally unsafe or inaccessible covers. Specialist lifting, breaking out, excavation, replacement or repair is additional unless included.
9.2 Excavation/rehabilitation quotations are based on reasonably foreseeable conditions. The Customer shall provide available underground-service information. No survey or utility record can guarantee identification of every unrecorded, abandoned, inaccurately recorded or concealed service.
9.3 Contaminated soil, groundwater, rock, reinforced concrete, unknown structures/utilities or other unforeseen conditions may constitute variations. Reinstatement extends only to that expressly included.

10. PUMPS, GREASE TRAPS, INTERCEPTORS AND EQUIPMENT
10.1 Equipment selection may depend on Customer-provided flow, duty point, capacity, process conditions and usage information. Superdrain Limited is not responsible for deficiencies caused solely by materially inaccurate information it could not reasonably identify.
10.2 Equipment must be operated and maintained as instructed. Misuse, foreign objects, ragging, abnormal grease, incorrect power, dry running, chemical attack, unauthorised alteration or inadequate maintenance may fall outside applicable warranty coverage.
10.3 Manufacturer guarantees are additional to statutory rights. Ongoing servicing, cleaning, monitoring and preventative maintenance are excluded unless expressly included.

11. DELIVERY, RISK AND RETENTION OF TITLE
11.1 For Business Customers, risk in Goods passes on delivery to the agreed location unless otherwise agreed. Consumer transactions remain subject to mandatory delivery, risk and conformity rules.
11.2 To the fullest extent permitted by law, title to identifiable Goods supplied by Superdrain Limited remains with Superdrain Limited until the price properly due for those Goods has been paid in cleared funds.
11.3 Until title passes, a Business Customer shall, where reasonably practicable, keep Goods identifiable, take reasonable care of them, not deliberately dispose of or encumber them contrary to retained ownership, and notify Superdrain Limited of an insolvency event materially affecting them.
11.4 Where payment is overdue and Superdrain Limited continues legally to own identifiable and separately recoverable Goods, it may request their return. The Customer shall, where legally entitled, provide reasonable access for agreed recovery.
11.5 Nothing authorises forcible entry, trespass, unlawful interference with third-party rights or unlawful removal. Installation/incorporation may affect ownership and recovery rights. Recovery does not permit double recovery; appropriate credit shall be given for recoverable value.

12. CUSTOMER EQUIPMENT
12.1 Where Customer-owned equipment is legitimately in Superdrain Limited’s possession for repair, servicing, inspection or other work, Superdrain Limited reserves any lien/right of retention available under contract or law, subject to mandatory consumer rights.
12.2 Storage charges may apply where agreed or where equipment remains uncollected for an unreasonable period after reasonable notice, to the extent permitted by law.

13. WASTE INFORMATION, CLASSIFICATION AND DISPOSAL
13.1 Waste services are subject to applicable legislation, authorisations, permit conditions and receiving-facility criteria. The Customer must provide accurate information reasonably available concerning source, composition, quantity, characteristics, contamination and hazardous properties.
13.2 The Customer must not knowingly conceal or materially misdescribe waste. Where waste differs materially, Superdrain Limited may, where lawful, refuse/suspend collection, arrange analysis, revise classification, use an alternative authorised facility and recover reasonable additional costs.
13.3 Pre-collection classification may be provisional. Where quantity cannot reasonably be established beforehand, final charges may use actual weight, volume, tanker capacity, treatment category, laboratory results or receiving-facility documentation. Relevant weighbridge/treatment records may be relied upon, subject to correction of manifest error.
13.4 A lawfully rejected/rerouted load may attract reasonable additional transport, waiting, testing, handling and treatment costs where not caused by Superdrain Limited. Charges may vary where actual waste differs materially from that anticipated.

14. ENVIRONMENTAL RESPONSIBILITIES AND REGULATORY DISCLOSURE
14.1 Nothing transfers/extinguishes statutory environmental responsibility except where law expressly provides otherwise. Superdrain Limited remains responsible for obligations imposed on it as collector/operator; the Customer remains responsible for obligations imposed on it as producer, holder, consignor, property operator or other regulated person.
14.2 Superdrain Limited may disclose accurate/relevant information to an environmental regulator, local authority, NWCPO, An Garda Siochana, emergency service, authorised facility or other competent authority where required by law/permit/lawful request, in connection with an environmental/safety incident, or otherwise lawfully justified by an actual or reasonably suspected environmental breach.
14.3 Regulatory reporting and debt recovery are separate. Superdrain Limited will not threaten regulatory reporting solely to obtain payment and will not suppress a report it is legally required to make.
14.4 Subject to existing contractual/statutory obligations, Superdrain Limited may decline or suspend future waste collections from an overdue account.

15. PRICES, TIME CHARGES, WAITING AND TRAVEL
15.1 Charges are those in the quotation, rate schedule, account agreement or other Contract document. Unless expressly Fixed Price, rates and estimated quantities do not guarantee final price.
15.2 For Business Customers, validly instructed work without an agreed price may be charged at reasonable prevailing rates for labour, plant, equipment, materials, waste and Services.
15.3 Time-based charges may include mobilisation, travel, site attendance, waiting, operational time, cleaning/decontamination and demobilisation where stated/agreed and reasonably applicable.
15.4 “Travel Time” means reasonable time spent by personnel and, where applicable, vehicles, plant or specialist equipment travelling to, from or between the Customer site, authorised waste facility, supplier, depot or other location reasonably required to perform the Services. Travel may be charged where provided for by the quotation/rates/account terms or where additional travel results from Customer-requested change, restricted access, rerouting or another Customer-responsible circumstance.
15.5 “Waiting Time” means time during which personnel, vehicles, plant or equipment are committed to the job but cannot reasonably proceed for reasons outside Superdrain Limited’s control, including unavailable access, escorts, permits, inductions, shutdowns, isolations, loading/unloading points, Customer instructions, traffic management, site congestion, queues or delays at Customer-nominated/required facilities. It excludes delay caused solely by Superdrain Limited’s own default.
15.6 Minimum call-out, plant, waste or tanker charges may apply where disclosed/agreed. Additional reasonable costs may include out-of-hours attendance, emergency mobilisation, specialist equipment, extra personnel, traffic management, disposal, testing, materials, consumables, permits, tolls and third-party costs.

16. SUBCONTRACTING, PROCUREMENT AND MARK-UP
16.1 Superdrain Limited may engage competent subcontractors, specialists, laboratories, waste facilities, carriers, suppliers and other third parties.
16.2 Where engaged by a Business Customer to procure, arrange, coordinate, manage or assume contractual responsibility for third- party goods/services, the price charged need not equal the underlying third-party cost.
16.3 Superdrain Limited may apply a commercially reasonable mark-up, management charge or margin reflecting procurement, administration, supervision, coordination, payment/credit risk, warranty administration, insurance, H&S/environmental responsibilities, mobilisation, logistics, financing, overhead, responsibility assumed, specialist availability, market conditions and reasonable commercial margin.
16.4 Unless expressly agreed otherwise, Superdrain Limited need not provide underlying supplier/subcontractor invoices or supply third-party items at cost. Rates/margins for direct Superdrain Limited work do not automatically apply to subcontracted/third-party work. Additional contractual, insurance, administrative, warranty, compliance, retention, payment or risk obligations may be reflected in price.
16.5 Nothing permits an undisclosed additional Consumer payment contrary to consumer law.

17. RAMS AND THIRD-PARTY DOCUMENTATION
17.1 Where included, Superdrain Limited will provide project-specific RAMS using its standard Company documentation.
17.2 Reproduction/transcription onto a third-party template may be additional work. Where disclosed and agreed in advance, the standard charge is EUR 350 plus VAT, or another expressly quoted amount.

18. BUSINESS PAYMENT TERMS
18.1 This clause applies to Business Customers. Standard payment terms are 30 days from invoice date unless expressly agreed otherwise.
18.2 Credit is discretionary. Superdrain Limited may establish, reduce, suspend or withdraw credit limits and reasonably require advance payment, deposits, staged payments, equipment payment before ordering/installation, payment of outstanding invoices before further work, or other reasonable credit security.
18.3 A genuine invoice dispute should be notified promptly, identifying the amount and grounds. Failure to query within an administrative period does not itself extinguish a genuine legal right. A dispute over part of an invoice does not ordinarily justify withholding an undisputed amount.
18.4 Payment shall be in euro without unauthorised deduction, discount or set-off except where required by law or expressly agreed. Payment is received when cleared funds are available.
18.5 Purchase-order numbers, goods-received numbers or internal procurement formalities do not postpone payment where Superdrain Limited has supplied information reasonably required of it and the work was validly instructed.

19. COMMERCIAL LATE PAYMENT, INTEREST AND RECOVERY
19.1 To the extent the European Communities (Late Payment in Commercial Transactions) Regulations 2012, as amended/replaced, apply, Superdrain Limited reserves all statutory entitlements.
19.2 Where an amount is unpaid by the applicable due date, statutory late-payment interest may accrue at the rate applicable from time to time until payment, together with statutory compensation and further reasonable recovery costs to the extent recoverable by law.
19.3 Superdrain Limited may, as commercial discretion, refrain from demanding accrued interest until an invoice has remained outstanding for more than 60 days from invoice date. Such forbearance does not change the 30-day term, extend credit, waive accrued entitlement or prevent earlier enforcement.
19.4 Overdue debts may be referred to solicitors, debt-recovery providers or other authorised advisers. Information reasonably necessary for lawful recovery, credit management, legal proceedings, insurance or professional advice may be disclosed subject to data-protection law.
19.5 Acceptance of late/partial payment or a payment arrangement does not waive rights concerning the balance unless expressly agreed.

20. CREDIT HOLD AND SUSPENSION
20.1 Subject to law and contractual notice requirements, Superdrain Limited may place a Business Customer on credit hold where amounts are materially overdue, deposits/stage payments are unpaid, credit limits are exceeded, credit position materially deteriorates, payment defaults recur, or there are reasonable grounds for payment concern.
20.2 While on hold, Superdrain Limited may decline new orders or suspend future uncommitted Services, deliveries and waste collections. Existing statutory/environmental/safety obligations remain unaffected.
20.3 Where the Construction Contracts Act 2013 applies, statutory payment, notice, adjudication and suspension rules prevail.

21. CANCELLATION, POSTPONEMENT AND ABORTED ATTENDANCE
21.1 A Business Customer cancelling/postponing scheduled work shall give as much notice as reasonably practicable. Where Superdrain Limited has reasonably committed labour, vehicles, plant, materials, specialist equipment, subcontractors, treatment capacity or resources, it may recover reasonable costs/loss directly resulting, to the extent permitted by law.
21.2 Where attendance cannot proceed due to Customer-controlled access, escort, permit, induction, shutdown, isolation, unsafe condition, undisclosed restriction, obstruction or unavailable representative, reasonable attendance, waiting, labour, plant, travel, demobilisation and remobilisation charges may apply.
21.3 Consumer cancellation is governed by clause 29 and mandatory law.

22. DEFECTS AND OPPORTUNITY TO REMEDY
22.1 The Customer shall notify Superdrain Limited within a reasonable time after becoming aware of an alleged defect, deficiency or damage and provide reasonable information for investigation.
22.2 Except where urgent action is reasonably required to prevent injury, pollution or material property damage, the Customer should provide a reasonable opportunity to inspect before another contractor materially alters the work.
22.3 Where Superdrain Limited is responsible and has a legal/contractual right to remedy, reasonable access shall be provided. Mandatory Consumer remedies are unaffected.

22A. BUSINESS CUSTOMER EVIDENCE, RELIANCE AND MITIGATION
22A.1 For Business Customers, Superdrain Limited may reasonably rely upon Customer-provided information and instructions unless verification is expressly included within scope. The Business Customer warrants, having made reasonable enquiry, that material information supplied by or on its behalf concerning site conditions, drainage, utilities, processes, waste, contamination, hazards, access and authority is accurate and complete in all material respects.
22A.2 Superdrain Limited’s contemporaneous CRM records, helpdesk tickets, worksheets, photographs, CCTV recordings, vehicle and plant records, electronic records, weighbridge records, waste documentation, delivery records and communications constitute prima facie evidence of the matters recorded, subject to the Business Customer’s right to demonstrate a material error.
22A.3 A Business Customer shall take reasonable steps to mitigate any loss or damage and shall not knowingly allow an identified defect, blockage, leak, pump failure, pollution risk or other condition to continue or worsen where reasonable mitigating action is available.
22A.4 Where Superdrain Limited identifies a material defect or recommends remedial, maintenance or protective work which a Business Customer declines or fails to implement within a reasonable period, Superdrain Limited is not responsible, to the fullest extent permitted by law, for subsequent loss to the extent caused by the identified condition or failure to implement that recommendation.
22A.5 Where another contractor or the Customer alters, excavates, repairs or interferes with relevant work before Superdrain Limited has had a reasonable opportunity to investigate an alleged defect, Superdrain Limited is not responsible for additional loss or evidential prejudice caused by that interference, except where urgent action was reasonably necessary.

23. BUSINESS CUSTOMER LIABILITY
23.1 This clause applies only to Business Customers. Superdrain Limited shall perform Services with the skill and care required by law and remains responsible for liability which cannot lawfully be excluded/restricted.
23.2 Nothing excludes/restricts liability for death or personal injury to the extent caused by negligence where non-excludable; fraud/fraudulent misrepresentation; wilful misconduct where non-excludable; non-excludable environmental/H&S liability; or any other liability which cannot lawfully be excluded/limited.
23.3 Subject to
23.2 and to the fullest extent permitted by law, Superdrain Limited is not liable to the extent loss is caused by inaccurate/incomplete Customer information; undisclosed hazards/contamination/waste characteristics; pre-existing defects/deterioration/latent conditions not reasonably identifiable; inaccessible/concealed areas outside scope; inaccurate third-party drawings/utility records; misuse/overloading/inadequate maintenance; Customer/third-party interference; failure to implement a material recommendation; Customer-controlled utility/system failure; Customer breach; or events outside reasonable control.
23.4 Superdrain Limited is responsible only for the proportion of loss fairly attributable to its own breach, negligence or legal responsibility, to the extent permitted by law.
23.5 Subject to
23.2 and to the fullest extent permitted by law, Superdrain Limited shall not be liable to a Business Customer for indirect or consequential loss. Loss of profit, revenue, production, business, opportunity, anticipated savings, contract, goodwill or business interruption is excluded where indirect/consequential or otherwise expressly and lawfully excluded.
23.6 CCTV surveys, inspections, recommendations, reports, drawings or advice do not guarantee concealed, inaccessible or out-of- scope matters.
23.7 A quotation, framework agreement or special condition may state a project-specific monetary liability cap. Any such cap is subject to
23.2 and applicable law. In the absence of an expressly agreed cap, these Terms do not invent one.
23.8 Each party shall take reasonable steps to mitigate loss.

24. BUSINESS CUSTOMER INDEMNITY
24.1 This clause applies only to Business Customers. Subject to 24.2-24.5, the Business Customer shall indemnify Superdrain Limited against reasonable and properly incurred losses, liabilities, damages, treatment/clean-up costs, third-party claims, regulatory costs and reasonable professional expenses to the extent arising directly from: materially inaccurate/misleading Customer information concerning waste, chemicals, contamination, drainage, utilities, site conditions or hazards; knowing/negligent waste misdescription or concealment; Customer-created/controlled hazardous substances or contamination; Customer breach of environmental, waste, H&S or other statutory duty; unauthorised Customer instructions; lack of third-party property authority where Customer responsibility; material Customer breach; misuse/unauthorised alteration after supply; or a third-party claim arising from a Customer act/omission for which Superdrain Limited is not independently responsible.
24.2 The indemnity applies only to the extent caused/contributed to by a matter for which the Business Customer is responsible.
24.3 The Business Customer does not indemnify Superdrain Limited to the extent loss was caused by Superdrain Limited’s negligence, breach, wilful misconduct or breach of statutory duty, or that of a person for whom it is legally responsible.
24.4 Superdrain Limited shall take reasonable mitigation steps and notify the Business Customer within a reasonable period of a material third-party claim where indemnification is sought. Delay does not extinguish the indemnity except to the extent of material prejudice.
24.5 No double recovery is permitted. This clause survives completion/termination for circumstances arising from the Contract.

25. CONSUMER LIABILITY AND STATUTORY RIGHTS
25.1 This clause applies only to Consumers. Nothing excludes, restricts or prejudices mandatory rights/remedies under the Consumer Rights Act 2022, applicable EU law or other consumer-protection legislation.
25.2 Superdrain Limited shall provide Consumer Services in conformity with Contract and law. Consumer Goods remain subject to mandatory conformity, quality, fitness, description, installation, remedy, delivery and risk rules.
25.3 Manufacturer/supplier commercial guarantees are additional to statutory rights against Superdrain Limited where it is the relevant contracting trader.
25.4 Nothing restricts a Consumer’s entitlement to repair, repeat performance, replacement, price reduction, termination, refund, damages, appropriate withholding or another remedy to the extent provided by law.
25.5 Operational statements about CCTV visibility, recurrence, pre-existing defects, inaccessible drainage, equipment maintenance, misuse or scope describe the Services and do not exclude liability where Superdrain Limited fails to comply with mandatory law.
25.6 No Business Customer indemnity applies to Consumers. No monetary cap applies to a Consumer unless expressly lawful, fair and enforceable in the circumstances.

26. INTELLECTUAL PROPERTY, REPORTS AND THIRD-PARTY RELIANCE
26.1 Unless agreed otherwise, copyright/intellectual-property rights in CCTV reports, photographs/video, survey outputs, CAD drawings, technical reports, methodologies, RAMS templates, forms and proprietary documentation remain with Superdrain Limited or the relevant owner.
26.2 Subject to payment and Contract, the Customer may use project-specific deliverables for their commissioned purpose. No third party acquires a contractual right to rely on a deliverable merely because it receives a copy unless Superdrain Limited expressly agrees in writing.
26.3 Superdrain Limited is not responsible for material alteration of a report or reliance for a materially different purpose, except where law provides otherwise. Legally required documents will not be withheld.

27. WARRANTIES
27.1 Superdrain Limited shall honour express contractual warranties subject to stated conditions and law. Proprietary Goods may carry a manufacturer’s guarantee.
27.2 Warranty coverage may exclude failure caused by misuse, inadequate maintenance, foreign objects, unauthorised alteration, abnormal process conditions, chemical attack or operation outside specified parameters where legally permissible. Mandatory Consumer rights remain unaffected.

28. CONSUMER PRICING AND ADDITIONAL PAYMENTS
28.1 Consumers shall receive pricing and pre-contract information required by law. Where total price can reasonably be calculated in advance, it shall be provided inclusive of applicable taxes where required.
28.2 Where total price cannot reasonably be calculated in advance, Superdrain Limited may provide applicable rates, calculation method and information about reasonably foreseeable additional charges.
28.3 Additional Consumer payments are subject to applicable express-consent requirements. Where additional work becomes necessary, Superdrain Limited shall, wherever reasonably practicable, explain it and obtain agreement to the additional price/pricing basis before proceeding, save for lawful and authorised immediate protective action.

29. CONSUMER DISTANCE/OFF-PREMISES CONTRACTS AND CANCELLATION
29.1 Any statutory cancellation right for a Consumer distance or off-premises contract is preserved. Superdrain Limited shall provide cancellation information required by law.
29.2 Where a Consumer asks Superdrain Limited to begin Services during an applicable cancellation period, Superdrain Limited may require the express request and acknowledgement required by law on paper or another durable medium.
29.3 Where legally required, the Consumer shall acknowledge that once Services are fully performed the statutory cancellation right may be lost. Where a Consumer validly cancels after requesting early commencement, only the proportionate amount permitted by law may be charged.
29.4 A Consumer is not required to pay for Services supplied during a cancellation period where law provides that no payment is due because mandatory information/consent/commencement requirements were not met.
29.5 A Consumer-requested visit for urgent repairs/maintenance is subject to any statutory urgent-repair exception only to its lawful extent and does not automatically extend to unrelated additional Goods or Services.
29.6 Where an online interface is used to conclude a Consumer contract and law requires an online cancellation facility/function, Superdrain Limited shall comply.
29.7 Outside a statutory cancellation right, any Consumer cancellation/postponement charge shall be reasonable, reflect actual loss/costs and avoided costs/redeployment, and shall not operate as a disproportionate penalty or unlawful charge for unprovided Services.

30. SUSPENSION FOR SAFETY, ACCESS OR COMPLIANCE
30.1 Superdrain Limited may suspend/refuse Services where the site cannot reasonably be accessed; conditions present unacceptable safety risk; required information/permit/consent/shutdown/isolation is unavailable; continuing work risks environmental harm; a facility cannot lawfully accept waste; waste/material differs materially; an unlawful act is requested; or circumstances outside reasonable control make performance unsafe, unlawful or impracticable.
30.2 The Customer shall be informed of material suspension within a reasonable period where practicable. Where the cause is within
Customer responsibility, reasonable additional costs may be charged in accordance with Contract and law.

31. TERMINATION
31.1 Either party may terminate for a material remediable breach not remedied within a reasonable period after written notice.
31.2 Subject to mandatory insolvency law, Superdrain Limited may terminate/suspend a Business Contract for persistent payment default, material credit-limit breach without requested security, serious H&S/environmental breach, unlawful instruction, material unreasonable risk outside Contract contemplation, or a legally qualifying insolvency event.
31.3 Termination does not affect accrued rights/liabilities. The Customer shall pay sums properly due for Services performed, Goods supplied, authorised work/variations, waste services, and non-cancellable materials/Goods reasonably committed specifically to the Contract, subject to law.
31.4 Payment, title, confidentiality, IP, liability, indemnity and dispute provisions survive where their nature requires.

32. FORCE MAJEURE
32.1 Superdrain Limited is not in breach nor liable for delay/failure to the extent directly caused by an event outside reasonable control, including severe weather, flooding, fire, natural disaster, road closure, major traffic disruption, industrial action, utility failure, governmental/regulatory action, public emergency, epidemic restrictions, unexpected loss of access to an authorised waste facility, material supply-chain disruption, third-party infrastructure failure or comparable circumstances.
32.2 Superdrain Limited shall take reasonable mitigation steps. Time for performance shall be reasonably extended. If performance becomes materially impracticable for a prolonged period, either party may, where reasonable and lawful, terminate the affected unperformed part on written notice. Properly supplied Services/Goods remain payable.

33. CUSTOMER-SUPPLIED DESIGNS, SPECIFICATIONS AND INSTRUCTIONS
33.1 Where Superdrain Limited performs work to a design, specification, drawing, equipment selection or process requirement supplied/mandated by the Customer or its professional, Superdrain Limited does not assume independent design responsibility unless expressly included.
33.2 Superdrain Limited shall notify the Customer of an obvious material defect or safety concern in Customer-supplied information that a competent contractor within the agreed scope could reasonably identify. Otherwise responsibility for adequacy remains with the responsible designer/specifier.

34. CONFIDENTIALITY AND DATA PROTECTION
34.1 Each party shall take reasonable steps to protect commercially sensitive information, subject to disclosure reasonably necessary to employees/directors/advisers/insurers/auditors/financiers, subcontractors/suppliers for performance, lawful credit control/debt recovery, law/court/permit/regulatory requirements, competent authorities, or consent.
34.2 Each party shall comply with applicable data-protection law. Superdrain Limited may process personal data reasonably necessary for quotations, contract administration, service delivery, site safety/access, invoicing/payment, credit control, claims/insurance, regulatory compliance, legal obligations and legitimate business administration, subject to applicable law and its privacy notice.

35. RECORDS, COMMUNICATIONS AND AUTHORISED INSTRUCTIONS
35.1 Superdrain Limited may maintain reasonable contemporaneous business records including worksheets, job/vehicle/plant records, photographs, CCTV, attendance, waste/weighbridge records, correspondence, electronic instructions and delivery records. Such records may be relied upon as evidence subject to correction of demonstrated error and law.
35.2 Instructions, approvals and variations may be communicated through channels reasonably used between the parties. Superdrain Limited may reasonably rely on an instruction appearing to come from a person presented by the Customer as authorised unless it knows or reasonably ought to know otherwise.
35.3 The Customer shall promptly notify Superdrain Limited of withdrawal/restriction of representative authority. Statutory requirements
for writing, durable medium or specific Consumer consent prevail.

36. FORMAL NOTICES
36.1 Formal Contract notices shall be in writing and may be delivered personally, by prepaid post to registered/principal business address, or by email to an address ordinarily used for contractual communications, unless law requires another method.
36.2 Specific statutory notice rules, including construction, consumer, insolvency or other legislation, prevail.

37. ASSIGNMENT; NO PARTNERSHIP
37.1 A Business Customer shall not assign/transfer a material part of the Contract without prior written consent, not to be unreasonably withheld where appropriate.
37.2 Superdrain Limited may assign a receivable/debt to a lawful assignee or financier and may transfer a Contract as part of a bona fide corporate reorganisation/business transfer/sale where this does not materially prejudice mandatory Customer rights.
37.3 Nothing creates a partnership, joint venture or employment relationship. Neither party may bind the other except as expressly agreed.

38. NO WAIVER, SEVERABILITY AND LAWFUL INTERPRETATION
38.1 Delay/failure to exercise a right is not a waiver. A waiver of one breach is not a waiver of another unless expressly stated.
38.2 Each provision shall so far as possible be interpreted lawfully. If part is unlawful, invalid or unenforceable, it shall be severed/limited to the minimum extent legally permissible and the remainder continues.
38.3 Where a provision purports to confer a broader right on Superdrain Limited than law permits, it operates only to the maximum lawful extent. This does not permit an unfair Consumer term to be rewritten/enforced where law requires another result.

39. ENTIRE AGREEMENT – BUSINESS CUSTOMERS
39.1 For Business Customers, the Contract constitutes the agreement concerning its subject matter, subject to incorporated documents. The Business Customer acknowledges it has not relied on a representation not incorporated into Contract, without excluding fraud, fraudulent misrepresentation or other non-excludable liability.
39.2 This clause does not limit an express written representation incorporated into Contract and does not apply to Consumers where inconsistent with mandatory law.

40. CHANGES TO TERMS
40.1 The version applicable is normally the version supplied, identified or made available when the Contract was entered into. Later website publication does not retrospectively alter an existing Contract merely by publication.
40.2 Material amendment to an existing Contract requires agreement where required by law. Superdrain Limited may amend Terms prospectively for future Contracts.

41. CONSUMER FAIRNESS AND TRANSPARENCY
41.1 Consumer provisions shall be interpreted in accordance with fairness, transparency and good faith requirements.
41.2 Nothing permits Superdrain Limited to exclude/restrict a mandatory Consumer remedy; impose a disproportionate penalty; retain Consumer payment unlawfully; make a material unilateral alteration without sufficient legal basis; impose an undisclosed additional charge contrary to law; or rely upon an unfair non-binding term.
41.3 Applicable statutory interpretation rules apply where Consumer wording is capable of different interpretations.

42. CONSTRUCTION CONTRACTS
42.1 Where the Construction Contracts Act 2013 applies, nothing excludes/restricts a statutory right which cannot lawfully be excluded. Payment arrangements, payment claim notices, adjudication and statutory suspension rights operate subject to that Act.

43. ENVIRONMENTAL AND WASTE LAW PREVAILS
43.1 No instruction, quotation, purchase order or commercial arrangement requires Superdrain Limited to collect/transport waste without lawful authorisation; deliver to an unauthorised facility; falsify/misstate waste information; suppress a legally required record/notification; or otherwise breach environmental law.
43.2 Where compliance requires a reasonable alteration to method, facility, classification or handling, Superdrain Limited may make the alteration reasonably necessary and advise the Customer where appropriate. Reasonable additional costs caused by Customer misinformation or materially different waste may be recoverable.

44. GOVERNING LAW AND JURISDICTION
44.1 The Contract and any non-contractual obligations arising from it are governed by the laws of Ireland.
44.2 Subject to mandatory Consumer jurisdiction rights and any applicable statutory adjudication right, the courts of Ireland shall have jurisdiction in relation to disputes arising from or connected with the Contract.
44.3 Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction or using another dispute-resolution procedure expressly agreed or mandated by law.

45. CONTACT AND PUBLICATION
45.1 These Terms should be read with the relevant quotation, scope and any expressly agreed special conditions.
45.2 Superdrain Limited may publish the current version of these Terms on its website. A copy may be supplied on request.
45.3 Where a Consumer contract is concluded by distance or off-premises means, the Consumer shall also receive the statutory pre-
contract/cancellation information applicable to that transaction.

END OF GENERAL TERMS AND CONDITIONS OF BUSINESS

SUPERDRAIN LIMITED KEY TERMS APPLICABLE TO QUOTATIONS

This quotation and any resulting works, Services, Goods, equipment and waste services supplied by Superdrain Limited are subject to the Superdrain Limited General Terms and Conditions of Business, Updated September 2026, available on the Superdrain Limited website and on request. By accepting this quotation, issuing a purchase order, instructing mobilisation or commencement, requesting reactive/emergency attendance or otherwise authorising Superdrain Limited to proceed, the Customer accepts the quotation and applicable General Terms and Conditions, subject always to mandatory rights which cannot lawfully be excluded.

QUOTATION AND SCOPE Unless expressly identified as a Fixed Price, prices are estimates based on information, quantities, access and site conditions reasonably available when quoted. Quotation validity: 60 days unless otherwise stated. Unforeseen or materially different conditions, concealed defects, restricted access, additional cleaning, seized/inaccessible covers, unknown services or drainage, contamination, unexpected waste quantities/classifications, additional safety/traffic-management requirements and work outside scope may be charged as variations. Programme, attendance and completion dates are estimates unless expressly agreed otherwise.

WORK ORDERS All work orders and service requests should be emailed to [email protected] for CRM/helpdesk logging and tracking. Urgent or time-sensitive requests should then be followed up by telephone on 01 409 7070. Instructions sent only to an individual Superdrain Limited employee or by SMS/text, WhatsApp, direct message or direct telephone call may not be treated as formally received, logged or scheduled unless subsequently acknowledged or acted upon by Superdrain Limited. For Business Customers, failure subsequently to issue an internal PO or approval does not of itself invalidate an otherwise authorised instruction or relieve the Customer of payment liability.

ACCESS, WAITING AND TRAVEL The Customer is responsible for safe and reasonable access and relevant information concerning drainage, utilities, processes, contamination, waste and known site hazards. Reasonable Waiting Time may be charged where personnel, vehicles, plant or equipment are committed to the Customer’s work but cannot proceed due to access restrictions, escorts, permits, inductions, shutdowns, isolations, Customer/site delays or other circumstances outside Superdrain Limited’s control. Travel, mobilisation and demobilisation may be chargeable where provided for in the quotation, rates or account terms.

DRAINAGE AND CCTV Drain cleaning/blockage removal is intended to restore or improve flow so far as reasonably practicable and does not guarantee against recurrence where underlying defects or operational conditions remain. CCTV surveys record reasonably accessible and observable conditions at the time of inspection and may be restricted by deposits, standing water, obstructions, damaged pipework, bends or inaccessible chambers. Specialist opening, breaking-out, excavation, repair or replacement of seized/inaccessible covers is additional unless expressly included.

WASTE Waste collection, transport, analysis, treatment and disposal are excluded unless expressly included. Where quantity or classification cannot reasonably be established beforehand, charges will be based on actual quantity, classification, treatment requirements, receiving-facility documentation and applicable agreed/account rates. The Customer must provide accurate information concerning origin, composition, characteristics and known hazards. Materially different or misdescribed waste may result in additional testing, quarantine, transport, decontamination, treatment, disposal, waiting or handling charges.

GOODS AND EQUIPMENT To the fullest extent permitted by law, title to identifiable Goods and equipment supplied by Superdrain Limited remains with Superdrain Limited until the price properly due for those Goods has been received in cleared funds. Superdrain Limited reserves all lawful recovery rights in respect of Goods it continues legally to own.

PAYMENT Standard Business Customer payment terms: 30 days from invoice date unless expressly agreed otherwise. Overdue commercial accounts may be subject to statutory late-payment interest from the applicable due date, statutory compensation and further reasonable recovery costs to the extent permitted by law. Superdrain Limited may refrain from demanding interest until an invoice is more than 60 days old without altering the 30-day term or waiving statutory entitlement. Subject to law and contractual notice requirements, materially overdue accounts may be placed on credit hold and future uncommitted works, deliveries or waste collections may be declined or suspended.

SUBCONTRACTED AND THIRD-PARTY SERVICES Where Superdrain Limited procures, manages, coordinates or assumes responsibility for subcontracted or third-party Goods or Services, a commercially reasonable mark-up, management charge or margin may apply. Rates or arrangements applicable to direct Superdrain Limited work do not automatically apply to subcontracted or third- party work.

LIABILITY Superdrain Limited will perform its Services with the skill and care required by applicable law. Superdrain Limited is not responsible for loss to the extent caused by pre-existing or concealed defects, materially inaccurate Customer information, inaccessible areas, Customer/third-party interference, misuse, inadequate maintenance, undisclosed hazards, failure to implement a material recommendation, or circumstances outside Superdrain Limited’s reasonable control. Business Customer liability, exclusions and indemnities are governed by the full General Terms and Conditions. Nothing excludes or restricts liability or Consumer rights which cannot lawfully be excluded or restricted.

VAT AND ACCEPTANCE All prices are exclusive of VAT unless expressly stated otherwise. VAT is charged at the applicable rate.
Payment Terms: 30 Days | Quotation Validity: 60 Days | Subject to Superdrain Limited General Terms and Conditions of Business