Terms and 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 excluding 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2.1 Unless previously withdrawn, this quotation is open for acceptance by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.
- Our Responsibility
3.1 Our quotations is made in the basis of technical survey carried out
by us and information provided to us by you, at the time. If, after
technical survey any further work is necessary because of changes in
your requirements, to complete the work quoted for, and this causes an
increase in the Price, we will send you a further quotation giving details
of the extra costs, and will carry out the whole job (including any further
work) once your written acceptance has been received.
3.2 Any time quoted for delivery, installation or completion are approximate
only. 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
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. If you are a consumer (as
defined in the Unfair Contract Terms Act 1977 or the Unfair Terms in
Consumer Contracts Regulations 1994) any such warranties or
guarantees are in addition to your statutory rights. In all other
circumstances all statements conditions or warranties as to the quality of
Goods or their fitness for any particular purpose whether express or
implied by law or otherwise are hereby expressly excluded.
3.4 We will repair or (at our option) 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. As in condition 3.3
above, unless you are a consumer, our obligations during the Defects
Liability Period are in lieu of any other statements conditions or
warranties as to the quality of the Goods or their fitness for any particular
purpose whether express or implied by law or otherwise and any such
statements conditions or warranties are hereby expressly excluded.
3.5 We will make good any damage caused by us in the course of
installation to plaster, floors and so on but we will not be liable to you for
any loss of profit or of any other direct or indirect loss or damage however
that loss or damaged caused.
3.6 We will remove all tanks, radiators and pipework etc. from Premises unless
you wish us to leave them.
3.7 We will leave all installation areas clean and tidy.
- 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
be paid. The balance of the Price will be due when the Services are
completed even though minor adjustments may be required afterwards.
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
5.3 The price does not include value added tax which is payable by you in
the manner and at the rate from time to time prescribed by law.
5.4 If you cancel your order your deposit might not be repaid. You should
refer to condition 9 below.
- Price Variation
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 Service are
complete even though minor adjustments may be required afterwards.
We do not undertake structural or other types of building surveys, and
therefore, if the Services cannot be completed, or damage is caused
through structural or other defects in the Premises, 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.
- 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, you may only cancel your order with our agreement. Your deposit will be returned to
you, but only after we have deducted a fair amount for our expense
incurred up to the date of cancellation. Since some of our products may
be custom made to your requirements and measurement, 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.
- 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.