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Terms & Conditions of Sale
- "Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by us.
- "Good" or "Goods" means the goods (including any installment of goods or any parts for them) which we supply in accordance with these conditions.
- "We" and "us" means DiscreteHeat Company Limited.
- "Writing" includes facsimile transmission, email and other comparable means of communication.
- "You" means the consumer who accepts a quotation from us or whose order for the Goods is accepted by us.
- including" and "in particular" shall be construed as not limiting any general words or expressions with which either of those expressions is used.
- We intend to rely on these written terms and conditions set out here and they shall apply to all contracts for sale of Goods by us to you. Neither of us can alter the terms of this agreement without the express agreement of the other. If you require any changes, please make sure that you ask for these to be put in writing as they will be ineffective otherwise. By doing this, we can avoid any problems surrounding what both of us are expecting from our relationship.
- Where we have agreed to provide you with system design, installation or other consultancy services, then the provision of such services shall be governed by the our separate Conditions for the Provision of Services, a copy of which shall be supplied to you.
- Please note that we shall be entitled to correct any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us or information on the website provided the correction does not materially affect the contract. If such a change does materially affect the contract, both of us have the option to withdraw from the contact. In such circumstances, the contract shall be treated as not having been entered into.
- The views and opinions expressed in any sales literature or on our website are the views of the contributors and should not be taken necessarily as fact. Due to the volume of information in our sales literature and on our web site you must confirm all information that you are relying on when you order your Goods.
- No contract for the sale of Goods shall arise until we dispatch the Goods to you or you notify us in writing of your acceptance of our quotation (whichever shall first occur).
- Acceptance of delivery of Goods shall be deemed conclusive evidence of your acceptance of these conditions.
- The price for the Goods shall be that as published by us from time to time or as otherwise agreed by us and you should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability.
- When you place your order, please note that we shall acknowledge receipt of your order in writing however this is not an acceptance of your order.
- The final price for the ordered Goods shall be confirmed to you in writing when we accept your order and shall include charges for packing, postage and carriage (plus VAT) and VAT on the Goods.
- Payment must be made in advance, in full and in cleared funds before we dispatch the Goods to you. Where the Goods are being installed by yourself on behalf of someone else, we shall dispatch the Goods to you once we have received confirmation from the contracting company that an appropriate installation contract has been entered into by yourself.
- You can pay by cash, cheque, visa, mastercard or switch and by any other methods of payment as published from time to time. We accept credit & debit card payments through WorldPay.
- Mailed copies of receipts for payment shall be issued only on request. Otherwise all receipts will be transacted through the internet/email.
- Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 2 per cent per annum above Nat West plc base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest), to accrue both before and after any judgment.
- You must pay all invoices in full free from any deduction for any set-off, counterclaim or any other matters.
- We shall endeavour to deliver the Goods within 30 days from receiving your order and every reasonable effort shall be made to keep to any estimated delivery date. If we are unable to do this, we shall contact you within this 30 day period to agree a new delivery date. If you do not agree to a new delivery date, this contract shall be treated as if it had not been entered into by either of us. We shall reimburse any monies paid by you within 30 days from the end of the original delivery date.
- Time of delivery shall not be of the essence and in circumstances where we fail to meet any estimated delivery time, from unforeseen manufacturing problems, increased demand, discontinued products, supplier failure, bad weather, carrier error or any other such matter outside our reasonable, control, we shall not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.
- We may deliver the Goods in advance of the quoted delivery date and notification of delivery may be made by telephone call/message, email, fax or by post on the due date.
- A carrier's first attempt to deliver shall be considered as the delivery date.
- Unless otherwise agreed, we may deliver the items comprising one order by installments however delivery shall not occur until the final item that you ordered has been delivered to you. This clause shall not apply if you have ordered Goods in several different contracts such that the deliveries are due to be made at different times.
- We shall deliver goods to your given delivery address and you shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then, in addition to any other rights that we may have, we shall store the Goods until actual delivery and may charge you for the reasonable costs (including insurance) of storage. This clause shall not apply if your failure to take the delivery arose out of circumstances that were outside your reasonable control.
- We shall decide upon the best method for delivering the Goods.
- Our delivery charges, delivery insurance charges and the timing of all deliveries shall be as published from time to time and shall be confirmed to you when we accept your order. Any promotional offers in respect of delivery charges shall only apply to UK.
- The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.
- We are the owners of the Goods until we have been paid in full in cash or cleared funds for such goods.
- If at any time any payments made for Goods by credit card are reversed by the credit card company ("a chargeback"), whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods separate from your and any third party goods and ensure that they are properly stored, protected and insured and identified as our property.
- In addition to any other rights we may have in these circumstances, we may upon by giving 7 days notice require you to return or deliver up the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value.
- If a chargeback has been made, please note that that you shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.
- We warrant that the Goods will at the time of delivery correspond to the description we have given in our confirmation and/or drawing order.
- We shall only be responsible for our negligence where we have caused death or personal injury.
- We shall not be responsible for any defect arising in the Goods arising from:
- any drawing, design, dimension or specification supplied by you; and/or
- fair wear and tear; and/or
- willful damage by you or a third party; and/or
- abnormal working conditions; and/or
- your failure to follow our instructions (whether oral or in writing); and/or
- the alteration or repair of the Goods without our written approval.
- We shall be under no liability under any warranties unless and until you have paid the total price for the Goods.
- Where the Goods are covered by manufacturer's warranties, details of which will be supplied to you on delivery of the Goods, you shall be entitled to the benefit of the manufacturer warranties only.
- We shall not be liable under these Conditions for any loss or damage caused by us or our employees or agents in circumstances where:
- matters were outside our reasonable control; or
- you failed to provide us with relevant information that would have had an impact on our actions;
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- any loss or damage suffered by you is not a reasonably foreseeable result of any such breach by us;
- the increase in loss or damage suffered by you resulted from the breach by you of a term of these Conditions.
- We shall not be held responsible for any incompatibility issues which arise out of or in connection with the supply of the Goods or their use by you including losses or damages of the types listed below:
- loss of profit; and/or
- loss of anticipated savings.
- loss of business and/or goods; and/or
- loss of revenue; and/or
- loss of contract; and/or
- loss of goodwill; and/or
- loss of use; and/or
- loss and/or corruption of data and/or other information; and/or
- downtime; and/or
- any damage relating to the procurement by you of any substitute hardware or software.
- You have 7 working days from the day after the date of receipt of the Goods to cancel your order by giving notice by letter, fax or email to us.
- The effective date of cancellation is the date on which the notice is sent.
- If you fail to return the Goods to us within 7 days of the date of cancellation, we shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to you.
- We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
- You shall be liable for the cost of returning the Goods to us if you cancel your order.
- This clause 10 shall not apply to:
- goods made to your specifications; and
- Thermaskirt® product which has been installed by you or others.
- You are asked to examine the Goods upon receipt and tell us about any fault or damage as soon as possible, or any failure of the Goods to correspond to specification within 3 days after delivery of the Goods. We ask that you take photographs of any obvious damage in transit before unpacking if possible.
- When you return any such Goods then you must obtain a Goods return return number (GRN) from us for each and every return so that we are able to process your return. The number must be clearly shown on each returned parcel. The Goods must be returned in the original manufacturer's packaging (which shall not be defaced) complete with any accessories and spares.
- We shall deduct a reasonable amount from any prepayments that you have made in relation to any such returned Goods to prepare them for resale if they have not been returned in accordance with clause 11.2.
- You should preserve any Goods in respect of which any claim of defect or damage is made by you and we may ask you to:
- retain the Goods for a reasonable period to enable us or our agents to inspect the Goods; or
- allow us to collect the Goods if they are defective.
- You shall be responsible for any loss or damage caused to returned Goods where such damage has been caused by your negligent or faulty packing.
- Where any valid claim made by you in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or our failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace the Goods (or any part thereof) free of charge or refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
- Goods not featured in our on-line catalogue or brochure, may not subject to the normal returns policy and instructions for return should be confirmed with us before returning the Goods.
- ThermaSkirt® components and systems manufactured to your drawing order may only be returned if they have not been manufactured in accordance with the confirmed drawing order.
- ThermaSkirt® product that has been manufactured correctly to the drawing order but where the information provided by you has been incorrect, may be returned for credit subject to the following restocking terms:
- Cut lengths for the purposes of credit will be calculated down to the nearest whole metre. Lengths under 1m may not be returned for credit.
- The re-stocking and administration cost shall be as follows: Cricket White & Ivory 25%. Other single Colours; 40%. Timber & Marble; 50%.
- Any special order colours and finishes may not be returned for credit.
- For the elimination of doubt and for dispute resolution, ‘manufactured correctly’ shall mean cut to the calculated length ±3mm, and any connecting parts are supplied in accordance with the drawing order. The calculated length is derived from the information provided by yourself and the formula for this calculation is contained on our website. The accuracy of any data relating to room size, shape, layout, door/archway/aperture size and position and feed/return locations and thus the connecting parts required is your responsibility.
- We shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which you have made within 48 hours of receipt of any such query.
- We shall make every reasonable endeavor to respond to complaints within 5 working days and keep you reasonably notified of any progress thereafter.
- Telephone calls made to us may be recorded for training purposes.
- Both of us acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in our sales literature and on our website.
- Where Goods have been manufactured and supplied under an IS09000 approval this is indicated in the product text.
- We shall not be liable to you if we have delayed or failed to perform any of our obligations under this contract in respect of the Goods if the delay or failure was due to circumstances outside our reasonable control. The following are some examples, but not all, of circumstances beyond our control:
- act of God, explosion, flood, tempest, fire or accident;
- war, threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes; and
- difficulty in obtaining materials, labour or machinery.
- If we are unable to provide you with your Goods within a reasonable time, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
- We may share your information with other companies in the group and other third parties. Please note that you may be contacted or sent information in respect of further goods and services available and should inform us in writing in the event that you do not wish this to receive this.
- No third party shall be allowed to enforce any rights under this contract.
- We shall be entitled to enforce all of our rights under these Conditions at any time even if we do not immediately enforce them or do not enforce them when we first become entitled to do so.
- You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
- Notices shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting the day on which it was posted and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of any other provision of these Conditions and the remainder of the provision in question shall not be affected.
- These Conditions are governed by the laws of England.
- We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreements and you wish to take court proceedings, you must do so in the United Kingdom.