OUR TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES
THE TERMS AND CONDITIONS BELOW SHALL APPLY FOR THE SUPPLY OF GOODS
AND SERVICES. PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS WILL NOT AFFECT
ANY STATUTORY RIGHTS WHICH YOU MAY BE ENTITLED TO FROM TIME TO TIME AND WHICH BY
LAW CANNOT BE VARIED OR EXCLUDED.
1. Formation of a Contract
Acknowledgment and acceptance. Each order accepted shall
constitute an individual legally binding contract between you and us. Such
contract is hereinafter referred to in these terms and conditions as "an order".
This order will be accepted entirely at our discretion.
No addition, alteration, substitution or waiver of these terms and
conditions will be valid unless expressly accepted in writing by us or a person
authorised to sign on our behalf.
Nothing in these terms and conditions shall prejudice any
condition or warranty expressed or implied, or any legal remedy to which we may
be entitled in relation to the goods / and or the work the subject of the
These terms and conditions shall be construed in accordance with
the laws of England and shall be subject to the exclusive jurisdiction of the
1. Our Responsibility
We will ensure that all materials supplied comply with safe
building practices and are free from defects and that any work carried out is
carried out with reasonable care and skill and to a reasonable standard.
Before starting any work we will carry out an inspection to make
sure that all work quoted is appropriate and practicable.
If after our inspection any further work is necessary either
because of alterations in design, specification or otherwise and this causes an
increase in costs we will send you details of the extra costs and will only
proceed with the works once your written acceptance has been received.
We will make good any damage caused whilst carrying out the
If in our opinion it is not reasonably practicable for any reason
to carry out any of the work we are instructed to carry out, we shall be
entitled to refrain from carrying out or completing such work and will consult
with you as to what if any work is to be undertaken. We will, if requested by
you, provide a written explanation as to why any work is not considered to be
If the cost to us of carrying out the work is subsequently
increased by reason of increases in the cost materials and/or labour and/or any
other factor outside our control, then we shall notify you before undertaking
any work to which the increase will apply. If you require us to discontinue the
work, you shall only be required to pay us for the work already carried out.
We may, as your agent, directly or through an intermediary ask
another contractor ("Third Party Contractor") to carry out some or all of any
work which you instruct us to carry out for you. We shall pay the reasonable
charges of Third Party Contractors on your behalf and recharge them to you with
our own fees. We will ensure that the Third Party Contractor fees which are
recharged to you are in line with the fees we will have quoted to you, had we
done the work ourselves. We will take all reasonable care in selecting and
instructing a Third Party Contractor.
When the Company detects faulty or illegal installations that
cannot be remedied immediately, the Customer will be required to sign an
The Company will mark such installations with a Warning label,
record the defective installation with Hetas, and issue an Initial Estimate for
the rectifications works seen as necessary.
HETAS Certificates of Compliance with Building Regulations will
only be issued once full payment has been received
2. Your Responsibility
You will permit us during normal working hours to carry out an
inspection and thereafter to undertake the works according to the programme set
out in the order.
You will remove all items necessary to allow us to commence the
works and cover and protect all fixtures and fittings, which cannot be removed.
The Company will take all reasonable care but will not be held liable for any
damage to items that are not removed or covered.
You will obtain all permissions and consents, (including if
necessary planning permission) from landlords, local authorities, house construction
companies in the case of newer homes, and others, which are required before
the work can commence.
Where you are required to provide us with measurements or other
information such measurements or information must be correct. If we rely on the
measurements or information given when preparing our proposal and such
measurements or information are incorrect we reserve the right to increase the
price to make good any errors or additional works required as a result.
If any asbestos or other dangerous materials are found at the time
of the installation this must be disposed of by you.
As soon as we have delivered the goods or services, you will be
responsible for them and we will not be liable for their loss or destruction.
Therefore, you would need to take necessary steps to insure the items. If you
delay a delivery, our responsibility for everything other than damage due to our
negligence will end on the date we agreed to deliver them.
Interference with or modification to the installation if
undertaken by other persons, including damage due to accident or misuse and
faults or premature deterioration resulting from misuse or abuse or the use of
inappropriate and damp fuels invalidates any warranty on stoves, liners, twin
wall chimney systems and chimneys. The Company may at its sole discretion
decline to service or repair stoves and chimneys so-damaged or to make
Customers' failure to correctly use and maintain installations are
excluded from any guarantees or warranties. The Company may increase the charges
for service calls of this nature, or may refuse to rectify related issues.
All stainless steel liners flexi or rigid should be swept at least
twice a year or as specified by manufactures warranty terms. Failure to have
liners flexi or rigid swept by qualified personal may well invalidate any
guarantees or warranty.
Guarantee/warranty exclusions apply to service-replaceable stove
and flue parts
including door and glass seals, glass, grates, fuel retention bars,
ash pans, register plates, sweeping accesses and seals, internal stove linings,
dampers, closing plates, flue outlets, baffles, tools, door seals, door latches,
handles and to any part of the stove or chimney, chimney pots and cowls damaged
by excess heat, chimney-fires, abuse, misuse, water damage or adverse
HETAS Certificates of Compliance with Building Regulations will
only be issued once full payment has been received by the Company.
If a delay is encountered that is not a direct result of our actions, and is caused by the
supplier of the goods, the Customer or another, the Customer must pay The Company
for the work completed to date. The Company reserves the right to reasonably charge
if they are required to return through no fault of their own.
If payment is made via cheque, and The Customer subsequently cancels the cheque,
or it is returned by The Company's bank, The Company reserves the right to charge
an administration fee to cover related costs upon repayment for work carried out.
If payment is delayed for a period of time that The Company deems unreasonable,
The Company reserves the right to take any reasonable action in order to recover
Once payment is received, and certification and receipt issued, The Company
reserves the right to charge a fee for, or refuse to carry out, work of a cosmetic
nature relating to the Customer altering their design, for example but not inclusive
of, tiles, slabs, hearths, switches, beams, surrounds, chambers and finishing effect.
This does not include any issue relating to the working order of a stove or the
safety of an appliance