Terms and Conditions

  1. Definitions

“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.

  1. Validity

2.1    Unless previously withdrawn, this quotation is open for acceptance by          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.

  1. 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 
         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. 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.

  1. 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    
         amounts.

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.

  1. 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.

7. Surveys

         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.

  1. Maintenance

         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.

  1. 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.

  1. 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.