Heat-Elek Heating Terms & Conditions
Acceptance by Heat-Elek Ltd of the customer’s order is conditional upon acceptance by the customer of these conditions, which shall prevail over any terms or conditions of the customer (apart from alterations to or departures from these conditions specifically agreed by Heat-Elek Ltd in writing).
2. Tenders, Quotations, Conclusions and Contracts
(a) All tenders/quotations issued by Heat-Elek Ltd shall be valid for a period of 28 days from the date thereof or such longer period as may be agreed between the parties in writing.
(b) Apart from as provided for below no contract shall be concluded between Heat-Elek Ltd and the customer until Heat-Elek Ltd shall have issued to the customer it’s Purchase Order form AND any deposit required by these conditions have been received by Heat-Elek Ltd.
(c) if the appropriate deposit has not been received within a 7 day period Heat-Elek Ltd reserves the right by notice to the customer sent within 14 days after actual receipt of the deposit, to vary any date for delivery which may have been estimated to the customer in Heat-Elek Ltd acceptance of order form or otherwise.
(d) prices for any work in any tender/quotation are based upon uninterrupted access to the customer’s premises until the completion of work.
(e) Where following the conclusion of a contact and upon subsequent inspection of the customer’s premises Heat-Elek Ltd form the reasonable opinion that it would be impractical or impossible for the goods ordered by the customer to be installed at the customer’s premises, Heat-Elek Ltd reserve the right to cancel the contract with the customer without any liability Heat-Elek Ltd and where it does so, Heat-Elek Ltd shall: –
Notify the customer as soon as is reasonably practicable in writing of the cancellation
Refund the deposit and any other monies received from the customer in respect of the contract in full, and
Arrange for the collection, at it’s own cost of any goods that may have been delivered to the customer as soon as is practical following the cancellation notice to the customer
Heat-Elek Ltd will use it’s best endeavours to deliver the goods and where appropriate to complete all work at the rate within the time estimated in its acceptance of the order form but Heat-Elek Ltd shall not be liable for any loss or damage whatsoever suffered by the customer as a result of any failure by Heat-Elek Ltd and the customer time shall not be of the essence of the Contract.
4. Materials and Ownership
(a) The property of the goods, whether fixed or unfixed, shall not pass to the customer until the full contract price of the goods and all sums from time to time owing by the customer in respect of the goods (but excluding any changes levied for the installation of the goods) to Heat-Elek Ltd (whether under its or any other contract) shall have been paid in full, such goods are referred to as the “retained goods.” Until payment of all such sums, the customer shall hold the retained goods in a fiduciary capacity for and on behalf of Heat-Elek Ltd
(b) Until such time as the property in the retained goods passes to the customer Heat-Elek Ltd shall be entitled at any time to require the customer to delivery up the retained goods and shall be deemed irrevocably to authorise Heat-Elek Ltd to enter upon any of the customer’s premises with or without vehicles, for the purpose of removed the retained goods.
(c) The repossession of the retained goods by Heat-Elek Ltd in accordance with this condition shall be without prejudice to all or any right of Heat-Elek Ltd other rights against the customer under the contract.
(d) The customer shall not be entitled to pledge or in any way of security for any indebtedness the retained goods or any part of them which remain the property of Heat-Elek Ltd but if the customer does so all monies owing by the customer to Heat-Elek Ltd shall (without prejudice to any other rights or remedy of Heat-Elek Ltd) forthwith become due or payable.
All goods delivered to the customer whether fixed or unfixed and not withstanding clause 4(a) above shall be at the sole risk of the customer and in the event of the goods or any part thereof being lost, damaged, destroyed or stolen. Howsoever occurring before payment in full has been paid to Heat-Elek Ltd the full value of any such goods and the full value of any of the work damaged, destroyed or lost together with any additional costs incurred Heat-Elek Ltd in replacing any such goods and in reinstating or restoring any such work provided, however, that the customer shall not be responsible for any damage or loss sustained arising solely from the negligence of Heat-Elek Ltd it’s servants or agents.
(a) Delivery of the goods shall be made, and risk of damage to or loss of the goods shall pass to the customer when Heat-Elek Ltd delivers the goods to that customer or to a place designated by the customer.
(b) Heat-Elek Ltd shall notify the customer as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of such a contingency Heat-Elek Ltd may in its absolute discretion withhold, reduce or suspend performance of it’s contractual obligations, without liability to the customer for any loss or damage whatsoever suffered directly or indirectly by reason of any such withholding, reduction or suspension.
(a) if within 15 years after delivery of our German Range ( 2 Years fro Electronic Controls) a material defect shall be discovered and :-
(i). The customer notifies Heat-Elek Ltd in writing within 14 days of discovery giving full particulars and either at its own expense and risk (where the goods have not been installed return the goods to Heat-Elek Ltd or at Heat-Elek Ltd sole option permits Heat-Elek Ltd to inspect the same and;
(ii) Such defect has arisen from faulty materials employed or workmanship carried out by Heat-Elek Ltd existing but not discoverable upon inspection at the time of delivery of the goods or (as the case may be) completion of the work Heat-Elek Ltd shall at its sole option supply replacements or (as the case may be) rectify the defective work. These conditions shall apply to repaired or replacement goods or work.
(iii) Should there be a problem with the wireless control, the problem is usually rectifiable over the phone. If Heat-Elek Ltd has to attend the customer’s property and finds there is a genuine fault with the control, this will be replaced without question. However, if the fault is found to be down the mis-use by the customer there will be a £75.00 call out charge payable by the customer to Heat-Elek Ltd
(b) Heat-Elek Ltd liability under this condition applies only to defects occurring before the customer makes any modification or alteration to the goods and whilst the goods are being properly used, stored or maintained and in particular (but without limitation) Heat-Elek Ltd shall not be liable in the case of defects arising from and including:-
(i) Improper or faulty handling, installation or maintenance
(ii) Repair of or modification to the goods or work by or on behalf of the customer
(iii) Failure to treat the goods in accordance with Heat-Elek Ltd installation instructions
(iv) The customer’s rights against Heat-Elek Ltd under this condition are not assigned
(v) Heat-Elek Ltd guarantee all domestic radiators for a period of 15 years from installation, all commercial radiators for a period of 10 years from installation and all wireless thermostats for a period of 5 years from the date of installation subject to normal use/maintenance and subject to normal and fair wear and tear
9. Limits of Liability
(a) The goods are supplied strictly on the terms that the customer has satisfied themselves of their suitability for its purpose. The customer acknowledges that all specifications and details in catalogues, quotations and acknowledgements or order or similar documents or by work of mouth and all forecasts of performances howsoever given are approximate only and do not form part of the contract.
(b) Heat-Elek Ltd under conditions under conditions 6(b) and 9 shall be acceptable by the customer in lieu of any warranty or condition whether express or implied by law as to the quality or fitness for any purpose of the goods. For the purposes of this paragraph Heat-Elek Ltd contracts on its own behalf and on behalf of and as trustees for its sub-contractors, servants or agents
(c) Heat-Elek Ltd shall not be liable whereby way of indemnity or by reason of breach of contract, tort or breach of statutory duty or by any other manner for consequential or indirect loss of whatever nature suffered by the customer or for special damages, loss of use (whether complete or partial) of the goods or any loss of profit or the contract
(d) Nothing in these conditions shall be construed as limited or excluding the customer’s statutory rights
(e) Heat-Elek Ltd are not liable for any costs incurred with regard to planning permission (where appropriate). Architects, surveyor’s costs and any other expenses with regard to the supply and installation of Heat-Elek Ltd not agreed in writing by Heat-Elek Ltd and all these costs rest with the customer
10. Governing Law
The Law of England shall govern the Contract
(a) The customer can cancel this contract if he wishes to do so but MUST GIVE NOTICE OF CANCELLATION IN WRITING WITHIN 14 DAYS of signing the Contract. The customer may use the attached cancellation form, which must be sent to The Sales Director at Heat-Elek Ltd. Where the cancellation form is used notice cancellation is deemed served on the day of posting IF sent by recorded delivery or date of receipt if sent by standard post
(b) In the event of cancellation outside the standard cooling off period the company reserve the right to claim the loss of profit for breach of contract
(c) The Directors of Heat-Elek Ltd reserve the right to cancel this contract should the technical survey show the contract not to be feasible or economically viable
(d) In the event of a technical improvement being made between the time of order and commencement the company reserves the right to change the technical specification to an equal or superior product, notifying the client of the changes
12. Terms of Payment and Late or Non Payment
(a) Supply, install radiators contract
(i) 50% deposit
(ii) 50% Payable on Day of Completion of Installation
(b) in the event of the customer being unable to accept delivery 30 days after receipt of notice from Heat-Elek Ltd that the goods are ready for despatch and/or despatch and installation payments mentioned in (ii) above and relevant storage charges shall become immediately due and payable
(c) In the event of non-payment on completion Heat-Elek Ltd reserve the right to re-invoice the total amount not including any discounts previously given
(d) Interest will be charged monthly on any unpaid accounts at the rate of 4% of the Interbank Rate as published in the Financial Times. The warranties described in section 9 shall have no effect unless the account balance has been settled.
(e) Where the contract is cancelled for whatever reason, the customer shall indemnify Heat-Elek Ltd in full against all expenses incurred up to the time of cancellation Heat-Elek Ltd
(f) A signed variation to contract form is the client’s formal acceptance of the increased or reduced price of the revised contract value
13. Unforeseen Physical Conditions
If during the contract Heat-Elek Ltd on the site physical conditions which could not reasonably have been foreseen when tendering by an experienced design consultant or surveyor and which will substantially increase its costs the effects of such conditions shall be treated as if it was a Variation
Any Variation as identified in Clause 13(a) shall be notified to the customer and quote for the necessary work provided
The customer is not bound to accept Heat-Elek Ltd quote for any works as outlined in Clause 13(b) and is free to accept alternative quotes for the required works
The customer is required to have any works (as outlined in clause 13(b) carried out prior to Heat-Elek Ltd installing the product and Heat-Elek Ltd accepts no liability for delays in installing caused by works as outlined in Clause 13(b)
If when Heat-Elek Ltd attend on installation date and find the heaters to be removed have not been switched off and are thereby deemed a danger to Heat-Elek Ltd Electrician to remove, installation date will be postponed and the customer will be liable for an additional charge in the sum of £100.00.