Terms & Conditions
“Us, our, we” Heatforce. (Wales) Limited
“you” The person firm or company who has engaged us to provide the Services.
“Conditions” The terms and conditions set out in this document and any additional terms and conditions agreed between us and you.
“Goods” The articles which you agree to buy from us.
“Services” The installation of the Goods at the Premises.
“Premises” The address overleaf.
“Price” The price of Goods and Services including VAT.
“Delivery Date” The estimated date for the delivery of the Goods and the provision of the Services set out overleaf.
“Actual Delivery Date” The actual date of delivery of the Goods and provision of the Services.
“Acceptance Date” The date (deemed or actual) upon which the Goods and Services are accepted by you.
“Defects Liability Period” The parts and labour warranty period stated overleaf.
2.1 Unless previously withdrawn, this quotation is open for acceptance by you within 56 days after its date.
2.2 These Conditions shall apply to all contracts between us and you to the exclusion of all other terms and conditions including any terms and conditions which you may purport to apply under any purchase order confirmation of order of similar document.
2.3 All orders pursuant to this quotation shall be deemed to be an offer by you to purchase the Goods and Services pursuant of these Conditions and any such orders shall be deemed conclusive evidence of your acceptance of these Conditions.
2.4 Any variation of these conditions (including any special terms and conditions agreed between us and you) shall be inapplicable unless agreed in writing.
3. Our Responsibility
3.1 Our quotations is made on the basis of technical survey carried out by us and information provided to us by you, at the time. If your requirements change and as a result of this, the price for the work changes, we will send you a new or additional quote, showing the extra costs and additional work agreed. You will then need to confirm that you are happy with the price and agreed works, at which point we will carry out the agreed work under the terms of this contract.
3.2 Any time quoted for delivery, installation or completion are approximate only, unless a specified time scale has been agreed by both parties in advance and made an important factor of the contract. We will make every effort to commence and complete the work on time, but will appreciate that we cannot be held responsible for delays arising of circumstances beyond our control (including non-compliance by you with your obligations set out in these conditions), in any such circumstances the time for delivery installation or completion will be extended by a reasonable period having regard to the nature of the delaying factors.
3.3 We will do all that we can to ensure that the benefit of any warranty or guarantee given by any manufacturer or supplier of the Goods is passed on to you. We will also provide you with parts and labour warranty for the Defects Liability Period once the Services have been completed and payment of the Price has been received in full. Any such warranties or guarantees are in addition to your statutory rights.
3.4 We will repair or replace Goods in which Defects appear, under proper use during the Defects Liability Period providing those detects arise from faulty design (other than a design specified by you for which we disclaim responsibility) materials or workmanship. Our obligations will not apply in respect of detects which arise after you have made any modification or alteration to the Goods.
3.5 We will remove all tanks, radiators and pipework etc. from Premises unless you tell us to leave them.
3.6 We will leave all installation areas clean and tidy from any mess made by Heatforce as part of the work being completed at the property.
4. Your Responsibility
4.1 You will allow us during normal working hours, first to conduct a technical survey, and then to undertake the installation, according to the programme set out in the quotation.
4.2 You will ensure that all furniture, furnishings and other items likely to impede us in efficiently carrying out the installation are removed.
4.3 You will cover and protect from dirt and dust all fixtures and fittings not required to be removed.
ADDITIONAL THINGS YOU SHOULD KNOW
5. Price and Payment
5.1 At the time you sign your acceptance, a deposit of the specified amount must be paid. The balance of the Price will be due when the Services are completed even though minor adjustments may be required afterwards e.g.. EG decorative or aesthetic finishes.
5.2 If you fail to pay the balance to us in full within 14 days of completion of the Services or receipt of our invoice (whichever is later) we will charge you interest at the rate of 4 per cent per month on any outstanding amounts.
5.3 The price does include value added tax which is payable by you in the manner and at the rate from time to time prescribed by law. Payment can be made by Cash, Card, Cheque or bank transfer.
5.4 If you cancel your order your deposit might not be repaid. You should refer to condition 9 below.
We do not undertake structural or other types of building surveys, and therefore, if the Services cannot be completed, or where damage is caused through structural or other defects in the Premises which are not caused by work carried out by Heatforce or where we have not been informed of any structural issues with the property and the damage was therefore unforeseeable we cannot be responsible for this.
With certain Goods supplied, special types of maintenance may be required. We will provide you with the necessary instructions for these and any guarantees, but, again, we can take no responsibility for damage caused by failure to maintain in accordance with any such instructions.
8. Your Right to Cancel
If we have arranged for you to finance payment of the Price through a finance company which we have recommended to you then we will give you a copy of the contract signed by both you and us, and the finance company will arrange in due course for you to have a copy of credit agreement signed by the finance company and yourself. From the date on which you first have in your possession fully signed copies of both of these documents, you will then have a period of five days in which you may cancel BOTH the contracts and the credit agreement by giving notice of cancellation in writing to the finance company. At the same time please send a copy of your notice of cancellation to us. If you do cancel in this way we will return your deposit to you in full.
In a case where we have not arranged for you a source of finance, then any financing agreements will be your own responsibility, but you may cancel the order itself by notice in writing to us within fourteen days of you receiving a copy of the order signed by you and us. Again, in this case, we will return your deposit to you in full.
Apart from the special circumstances described above and below, you may only cancel your order without any financial cost to you with our agreement. Where the contract has been entered into via correspondence with the office there will be no cancellation rights. The vast majority of contracts will not have cancellation rights.
If this contract is entered into at your home, you will have 14 days to cancel the order. You can cancel by completing the below form or by contacting us via email or post using the details on the front of this order form. If agreed by both parties that work will start within 14 days, then the work can be cancelled but payment for all work carried out until cancellation will still be due. Your deposit will be returned to you, but only after we have deducted a fair amount for our expenses incurred up to the date of cancellation. Since some of our products may be custom made to your requirements and measurements, if we have already started work on your contract, we are unlikely to be able to use these items we have made elsewhere. In this case, we will deduct the value of these items from your deposit, and ask you to pay any additional amount if their value is more than the amount of your deposit. Where you pay for such items we will, at your request, deliver (but not install) them for you. You must pay us in advance for delivery and the charge levied by us will depend upon where you would like the items delivered. If you or your appointed agent are not available to accept delivery at the agreed time and place then we may make an additional charge for any re-delivery required.
Any notice to cancel the contract, and any copy of notice to cancel the credit agreement, must be given in writing for the attention of the Sales Manager at the address shown overleaf, quoting he contract number. For cancellation of the credit agreement, notice in writing will again be necessary and you should follow the instructions contained in the credit agreement as to the procedure for giving notice.
TO: Heatforce (Wales) Limited, (insert address and email address here)
I/We wish to hereby give notice that I/We cancel my/our contract of the sale of the following goods/for the supply of the following service*:
Ordered on/received on*:
*Delete as appropriate
9. Our Right to Cancel
If, after a technical survey has been carried out, it is apparent that the work as shown in our quotation cannot be carried out for safety or other technical reasons or if we recommend design changes for safety or other technical reasons at an increased price which you are not prepared to pay, or your application for finance is not accepted by the finance company, we reserve the right to cancel. In these cases we would return your deposit after deducting our expenses, if any.