For the purpose of these conditions the following terms shall have the following meanings:
The contract price shall be that current at the date of despatch of the Goods. This price excludes Value Added Tax (or any amendments thereof or substitution thereof) which shall be charged at the appropriate rate as at the tax point date. The Contract Price is inclusive of delivery charges to UK mainland on all supply only orders over 10 units, other destinations and smaller orders will be charged at cost. The seller reserves the right to levy cancellation charges. All prices are nett unless otherwise agreed in writing.
A defect or defects in one or more of the instalments will not entitle the purchaser to repudiate the whole contract.
5. Property & Risk
6. Loss or Damage in transit
No claim for loss of or damage to the goods in transit will be accepted unless the purchaser notifies the seller of such loss or damage within 5 days of arrival of the goods. In the case of alleged damage to the goods, no claim will be accepted unless such alleged damage is noted on the delivery note by the person signing for a receipt of the goods.
The goods supplied shall be within the tolerances allowed by the appropriate British Standard Institute standard and in accordance with current sales literature provided by the seller in relation to the goods. The seller shall rely upon any information provided by the purchaser as to their requirements for the goods as accurate and trustworthy.
8. Warranty and Guarantee
The seller hereby warrants the performance of the goods in accordance with the sellers 5 year warranty from the date of despatch or installation. The warranty herein does not extend to damage caused by fair wear and tear; installation carried out other than strictly in accordance with instructions received from the seller; installation carried out contrary to good engineering practice; installation carried out contrary to the recommendation of CIBSE, HVCA and FETA; lack of maintenance or maltreatment to the goods and shall be in substitution for all other warranties whether express or implied by common law or statute.
9. Force Majeure
The seller will not be liable for any loss or consequential liability or damage sustained by the purchaser by reason of any act of God, war, riot, fire, strike, lock-out, Governmental control or regulation, abnormal weather conditions and accident break down or any other circumstance beyond the seller’s direct control.
10. Licences and Permits
If the performance of this contract requires any government Licence or other permit then this contract shall be conditional upon such licence or other permit being available.
All drawings supplied relating to the goods are the copyright of the seller and must not be reproduced without the sellers consent.
We undertake to repair (or entirely at our option to replace) free of charge any goods or services or works which are defective and not in accordance with the terms of his contract. Our liability is limited solely to such free repair or replacement and in no circumstances do we accept any further liability for any damages or losses (whether direct of consequential) of any kind whatsoever or whenever arising.
13. Primacy of these conditions
The purchasers hereby acknowledge that they have entered into this contract upon the conditions herein set out and not upon any other conditions produced by the purchaser.
14. Data Protection Act 1998
Where the purchaser provides the seller with personal data, the data will be held securely in confidence and processed for the purpose of carrying out the manufacture or ventilation equipment and associated activities.
The purchaser accepts that the seller may consult with and disclose the data to credit reference agencies, banks, credit insurers and other responsible organisations outside the sellers business that the seller has nominated and that such organisations may process the data.
The purchaser understands that under the act the purchaser has a right to know what data the seller holds on the purchaser if the purchaser applies to the seller in writing and pays the applicable fee.
15. Applicable Law
The foregoing terms and conditions shall be interpreted and administered in accordance with English law.