1. All tenders and quotations are submitted and all orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing. Acceptance of delivery shall be conclusive evidence of acceptance of these terms and conditions.
No contract shall be deemed to exist until the Company has accepted the order of the Customer in writing.

2 Quotations are submitted on the understanding that goods and/or services supplied will be invoiced at prices ruling at the date of despatch and/or installation unless otherwise agreed, and that all services will be carried out during normal working hours from Monday to Friday in each week. Should it be necessary to carry on the services during other than normal working hours or on Saturdays or Sundays an additional charge will be made at the rates prevailing at the time?
Quotations for materials/goods which are offered ex-stock are subject to such materials/goods remaining unsold.
Any quotation submitted by the Company is submitted on the understanding that if accepted it will be accepted in whole and not in part, and that the acceptance of any such quotation shall be deemed to imply that the Customer has fully complied with all legal requirements to enable the work the subject thereof to be carried out and that we are indemnified from all actions, proceedings claims and demands arising from a breach of these conditions.
Quotations are submitted on the understanding that the approval of all relevant authorities has been or will be obtained prior to the commencement of any works, and that all fees payable to any local government or other authority will be discharged by the Customer.

3 Time for delivery of goods and/or services is given as accurately as possible but is not guaranteed. Any times quoted for delivery and/or services are estimated from the date of receipt by the Company of a written order and/or final instructions in sufficient detail being obtained whichever shall be the later, but if they are exceeded we cannot be liable for any costs arising there from or for any compensation or damages, whether arising directly or indirectly.
Delivery is deemed to have taken place when the delivery vehicle arrives at the site specified or as near to as possible on properly constructed roads and the delivery note tendered to the consignee, or by submission of the delivery note to the consignee’s driver when collected. In the case of goods to be supplied or works to be done by the Company by instalments, any objection by the Customer to defects or default of the Company in relation to one instalment shall not effect the contract in respect of any other instalment whether or not any such instalments have been delivered or performed (as the case may be) or the balance remaining due under the contract.
Any goods and/or services for delivery outside the United Kingdom are, unless stated to the contrary, quoted exclusive of Shipping, Insurance, Import Duties or any like charges to enter countries other than the United Kingdom.

4 Cancellation of an order cannot be accepted, or goods returned for credit unless previously agreed to in writing by the Company. No variation of any order shall be binding upon the Company unless the same shall be agreed in writing.
Stock items returned by agreement with the Company, must be in a re-saleable condition, and will be subject to a re-stocking charge of 10%. Credit will only be issued when full details of original purchase invoice are supplied by the Customer. Specials and non-stock items WILL NOT be accepted for return and credit, and payment for these items may be requested in advance of supply.

4 Goods subject to damage or loss in transit by our own transport will be replaced free of charge provided that written notice is received within 3 days of delivery, in the case of total non-delivery, notice must be given within 7 days of the date of notice of despatch. Goods despatched by carrier will be at the Customers own risk as regards damage, but will be insured under the carriers insurance where available. Total non-delivery must be advised within 4 days of despatch date.
The Customer is required to give written notice of satisfaction of installation works upon completion. If the Customer should fail to give such written notice, the works shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for them accordingly.
Packaging where appropriate will be charged by the Company to the Customer and credited if full when returned in good condition by the Customer to the Company’s depot.

5 Responsibility for the protection of the works against accidental damage or loss passes to the Customer immediately upon installation and the Customer shall be liable for the full cost of replacement of said goods including any or all ancillary costs incurred due to such damage or loss.

6 Notwithstanding the provision of Clause 7 hereof and irrespective of the time of delivery/installation title in the goods/work shall pass to the Customer as and when the Company has received payment in full from the Customer. Until such time as the goods/works and any statutory tax have been paid in full the Customer shall retain the goods/works only as an agent for the Company and cannot therefore pass title to the goods/works.

7 The Company reserves the right to request part payment prior to the commencement of goods and/or works being supplied. The Company shall be entitled to stage payments as and where necessary on a 30 day basis. The Company reserves the right demand immediate settlement of the outstanding amount less any discount which maybe due. In any event payment must be made within 30 days following month of invoice except in those cases where the Company specifies cash against pro-forma invoice or cash on delivery. The Company shall have the right (without prejudice to all other rights) to withhold part or all further services if any of its accounts are unpaid for any reason. In the case of a claim being made in respect of faulty materials only, an agreed amount should be deducted from the account pending settlement of said claim. The balance of the total indebtedness will be due for payment in accordance with the agreed terms. Late payments will be surcharged at 2% above Bank Rate per Month or part Month.

8 The Customer agrees that apart from the express terms contained herein or in the quotation or in any document expressly stipulated therein to form part of the contract and to be outside the provisions of this clause no statement or representation has been made by the Company relating to the goods and/or works supplied, or if any such statement or representation has been made the Customer warrants that he understood it to be a statement of opinion only, and did not rely on it. Illustrations, weights, measures and performance schedules provided by the Company are statements of opinion and are provided for information only and form no part of the contract. In the event of information supplied to the Company by the Customer proving insufficient or inaccurate, the Company reserves the right to increase the price tendered or agreed to such extent as shall be appropriate. The Customer shall indemnify the Company from and against all actions claims costs and proceedings which arise due to manufacture or supply of goods to drawings or specifications of the Customer where such drawings or specifications shall be at fault or where it is alleged that they involve an infringement of Patent Registered Design copyright or other exclusive right.

9 The Company agrees to replace or repair at its opinion goods supplied by it and proved to its satisfaction to be faulty (fair wear and tear or damage due to misuse excepted). Provided that such fault is notified in writing to the Company within 30 days from the date of installation/despatch from the Company’s works of such faulty goods and before conversion of the material. Any free replacement shall include free delivery to the Customers premises in England. Any reduced price replacement will be charged for delivery.
In the case of any sale in respect of which trade discount has been granted to the Purchaser the above guarantee is given in lieu of the implied terms and conditions contained in Sections 13, 14 and 15 of the Sale of Goods Act 1893 and any other condition or warranty implied by statute custom or usage other than Section 12 of the Sale of Goods Act 1893.
The Purchaser hereby acknowledges 1) that by reason of a trade discount having been granted by the Company the goods were purchased in the course of the Purchasers business and not for private use. 2) That the Purchaser purchased the goods in a competitive market and that the bargaining strength of the Company was in no way a relevant factor in the purchase of the goods, and 3) That the Purchaser knows the extent and the meaning of this clause and the limitations thereby imposed by it upon Sections 13, 14 and 15 of the Sale of Goods Act 1893.

10 The Company’s liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract. Except as specifically provided in these Conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company.
Whilst every care is taken the Company cannot be held responsible for unusual wind conditions or turbulence or climatic conditions or geographical conditions not easily identifiable which may affect the operation of the chimney and/or appliance and any additional work required to overcome said conditions will be chargeable.

11 The Company shall be entitled to appoint one or more sub-contractors to carry out all or any of its obligations hereunder.

12 The Company shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Government restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves the Company’s employees or not or by reason of any other act matter or thing beyond the reasonable control of the Company.

13 All contracts are deemed to be entered into in England and shall be governed and construed in accordance with English Law.

14 In the event of the Company assigning its rights under this contract the Customer shall not raise any claims against the assignee, in answer to a claim for payment or for damages, defences or rights of set off which the Customer has or may have against the Company.

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