WORLD OF WOODSTOVES LTD –
1. GENERAL
(a) In these
conditions, World of Woodstoves Ltd (#7323737) is referred to as the "Company",
and the Person, Firm or Company purchasing is referred to as the "Customer".
Any agreement documented for the supply of goods or services is referred to
as ”Contract” – The Company only enters
into Contracts supported by printed documentation. Suppliers of Goods and
Services to customers, other than goods and services supplied by the Company
are “Other Suppliers”.
(b) The goods
ordered by the Customer are sourced by the Company for the Customer and the
Company insists that there can be no right for the Customers to cancel or
withdraw after materials have been partially or fully paid for and any refund
to the Customer would be subject to a 15% hand ling charge for
non-installed materials. No refunds are available for unpacked or used parts.
(c) The Company
enters into Contract with the Customer solely on the terms of these conditions,
and no representation or warranty, collateral or otherwise, shall bind the
Company and no statement made by any Representative of the Company shall
vary these conditions unless printed and signed by the Company.
(d) Any Contract
for goods or services, is entered into by the Company on the basis of its
Representative’s assessment and agreed documentation of the Customer's
requirements
(e) A non-refundable £5 to £25+ Inspection fee
applies to basic on-site visits & estimates. The Technical Report charge is
£80 per hour, including on-site, research and reports.
(f) Any Contract is conditional upon final inspection by the
Company. If it is unfeasible to carry out the works on the terms specified, the
Company will notify the Customer and return any Customer's deposit; whereupon
the contract shall be null and void and neither party shall be under any
liability. The pre-defined Inspection fee will not be refunded.
(g) Estimates by
the Company shall be open for acceptance for a period of twenty-eight days
during and after which the Company reserves the right to modify or withdraw the
same.
(h) Estimates
are offered for the guidance of the Customer and the Company’s Representatives.
Estimates must not be shown/copied in any form by the
Customer to Other Suppliers.
(i) Estimates may summarise
situations and omit issues that are unknown at the time of the Estimate and so
must not be taken as fully definitive of the work necessary or of the
costs.
(j) The Customer is entirely responsible for ensuring compliance with
any applicable Planning or Listed Building Regulations, and for confirming
their compliance to the Company in writing. The Customer hereby accepts any and
all legal and financial ramifications resultant from their failure to comply
with any and all applicable local authority regulations.
(k) Any estimates, pamphlets and publications produced by the
Company are generic and neither for the specific guidance of Customers or Other
Suppliers, nor for comparative pricing.
2. PERFORMANCE
(a) The Customer agrees to give free and unrestricted
access at all reasonable times to the Company's Representatives to carry out
all necessary surveys and works relating to the installation. Unless the
Customer notifies the Company in writing at the date of order that he requires
delivery or installation after a certain date and the Company accepts, the
Customer is obliged to give access to the Company, or accept delivery within 28
days of the agreed Fitting date. In the event of such access not being given,
then at the entire discretion of the Company, the Company may treat the
Contract as at an end upon the Customer's Breach, and seek to recover damages
that may amount to the full Estimated price plus legal
expenses.
(b) If, during
the course of the works, problems of a structural nature to the Customer's
property become apparent, which were not be foreseen by the Company's
Representatives, then the Company shall have the right to call in suitably
qualified professionals to advise on the problem and
report in writing with recommendations; such recommendations to be implemented
by the Customer and at the Customer's expense, as soon as it is practical to
enable the Company to proceed safely with its work.
(c) The
Company undertakes to use its best endeavours to
adhere to any delivery period discussed with the purchaser, but time shall not
be of the essence of any Contract and the Company shall not be liable in
respect of any delay in installation caused by reasons beyond the Company's
control; nor for any consequential loss, resulting there-from. If work is not
completed within the delivery period stated in the Contract, the Customer may
serve notice on the Company in writing, requiring that the work be completed
within such an extended period as the Customer may specify: in general, the
Company would accept 28 days as being reasonable, with the proviso that the
Estimate may be varied by the Company.
(d) If the work
is not completed by the Company within such extended 28 days, the Customer may
cancel the uncompleted work covered by the contract, without penalty to the
Customer, by the service of a written notice to that effect on the Company by
the 28th day. Any Customer payments for goods and services to-date
will be retained by the Company.
3. OTHER
SUPPLIERS of GOODS & SERVICES
(a) The Estimate
will outline tasks to be undertaken other than by the Company. These may
include but not exclusively, Asbestos surveys including sampling a/or removal,
Gas, Oil, Electrical, Survey, Structural rectification and other Construction
work.
(b) The Company
in no way recommends or endorses the Customer’s involvement with or direct
employment of anyone other than representatives of the Company.
(c) The Company
shall be in no way held responsible for the thoughts, words, deeds or omissions
of other equipment or materials suppliers, or other services suppliers per 3a).
(d) At all
times, responsibility for verification of the necessary qualifications of other
equipment, materials or Services Suppliers shall reside solely with the
Customer.
(e) For
Customers’ information, the Company’s HETAS Registration reference is #1413 and
the Company’s HETAS certificated fitters are registered with HETAS.
(f) Where
non-HETAS installations are planned, the prior approval, on-going supervision
and final sign-off must be by a Local Authority Building Control Officer (BCO)
(g) UK Solid
Fuel “Dry-System” installations must be undertaken by HETAS fitters working for
and registered to another HETAS Registered Company.
(h) UK Solid
Fuel “Wet-Side” standalone and integrated systems are not installed by the
Company. HETAS Engineers are required, or the work must be done under BCO
supervision.
4. MATERIALS
(a) All
materials supplied and/or fitted by the Company will comply with HETAS
recommendations and be of good quality and suitable for use under those
recommendations.
(b) Minor
blemishes & imperfections that do not impede performance are in the nature
of stoves & chimneys, and are not covered by warranty. This does not affect
your statutory rights.
(c) Despite the
Company’s best endeavours installations may not be
aesthetically perfect due to peculiarities in fireplaces, stoves, chimneys,
hearths and buildings design & construction.
(d) The Customer
accepts that unavoidable compromises may be necessary during installation under
3(c) placing HETAS standards above minor aesthetic considerations.
(e) Until full
payment has been made to the Company, all materials shall remain the property
of the Company.
5. REGULATIONS
(a) All
Materials supplied will comply with HETAS & Building Regulations.
Installations will comply with HETAS & Building Regulations, cosmetic
considerations excluded.
(b) HETAS
Certificates of Compliance with Building Regulations will only issued once full
payment has been received by the Company.
6. WARRANTY
(a) The Company undertakes to repair or replace, free of charge, any
materials proven defective as a result of faulty manufactured materials or the
Company’s workmanship within 12 months from Installation.
(b) Interference with or modification to the Installation if
undertaken by other persons, including damage due to accident or misuse and
faults or premature deterioration resulting from misuse or abuse or the use of
inappropriate & damp fuels invalidates any warranty on stoves & chimneys
- The Company may at its sole discretion may decline to service or repair
stoves & chimneys so-damaged or to make significant charges.
(c) Customers’ failure to correctly use and maintain
installations are excluded. The Company may charge for service calls of this
nature, or may refuse to rectify related issues.
(d)
Exclusions apply to service-replaceable stove and flue parts including door and
glass seals, glass, grates, fuel retention bars, ash-cans, register plates,
sweeping accesses and seals, internal stove linings, dampers, closing plates,
flue outlets, baffles, tools, door seals and door latches and to any part of
the stove or chimney damaged by excess heat, chimney-fires, abuse, misuse,
water-damage or adverse weather.
(e) The Company will assist Customer redress from Manufacturers’ for rectification charges, but those
charges remain due to the Company regardless of outcomes.
(f) Warranty facilities apply only to the original Customer and are
neither extendable nor transferable to any other party.
7. PAYMENTS
(a) A £10 to £25 non-refundable Inspection fee applies to
pre-installation visits & estimates and places no obligation on the
Company. Servicing & Inspection fee is £80 per hour plus parts, and travel
is chargeable. Technical Report & Incident Report charge is from £80
per hour, minimum £240 including time on-site & research time. Court
appearance charges are from £160per hour, minimum £800.
(b) Full payment for a stove under an individual contract is required
before setting any fitting date. Special order stoves may be subject to
manufacturers’ delivery delays of between14 days and 3 months.
(c) When no
stove is bought from the Company, 50% of the Estimated
cost is due before setting the Fitting Date under an individual contract. The Balance
is immediately due on completion.
(d) The Charges
for the Fitting Contract or the Balance due plus any extras arising during
installation, is to be paid in full when installation is complete and before
the installer leaves the customer’s premises.
(e) The Estimate
will specifically include the known tasks to be undertaken by the Company.
Anything not expressly included in the Estimate must therefore be considered
“Extras”.
(f) Unavoidable
Variations to the Estimate determined by the Company or requested by the
Customer will result in written Estimate Variations being presented for
Customer authorization.
(g) Any new or
changed legislation arising after an Estimate and affecting legal completion of
an Installation shall be considered “Extras” e.g. air-vents & Carbon
Monoxide alarms.
(h) Any levies
or variations in taxation imposed by the Government after the Estimate but
prior to Installation will be added to the final invoice.
(i) Where an Installation is proceeding by Stages, full
payment is required at the completion of each Stage defined in the Estimate.
(j) The presence
of any alleged defect does not constitute a reason for withholding any payment.
Any costs of pursuit of the customer for outstanding payments will be charged.
(k) The Company will
seek to agree to and/or rectify any potential issues with the Customer
post-implementation, only provided that all payments due to date have been
made.
(l) Unresolved issues between the Company and the Customer
shall be settled through the HETAS arbitration scheme and the WSCC Buy With Confidence mediation scheme.
(m) Interest is
due on all unpaid accounts will be charged at 5% per month or part-month over
the annual base rate per annum for the time being of the Company's bank.
(n) Any dishonoured cheque will attract a
penalty payment of £25 plus 5% per month or part-month over the annual base
rate per annum for the time being of the Company's bank.
(0) There is no exception to the Interest due and
penalty payment clauses 6(m) & 6(n) above and this condition will be
rigorously enforced in English Law.
8. ACCEPTANCE
& CANCELLATION
(a)The
Terms & Conditions shall not be construed so as to affect the statutory
rights of Customers whose acceptance of an Estimate implies full acceptance of
these Terms & Conditions
(b)
Purchase Contracts for stoves are made at the Company premises. Contracts for
Installation based on Estimates are agreed at the Company premises only and
confirmed in writing.
(c) If a
contract is cancelled by the Customer, then at the discretion of the Company
upon the Customer's Breach, the Company may seek to recover reasonable damages.
(d) If
the Company, at the Company’s sole decision, cannot complete an installation
due to building structure issues, then any pre-payments will be refunded to the
Customer in full.
(e)
Cancellation may be achieved by written notice by Recorded Delivery to:
(f) These terms
and conditions shall not be construed to affect the statutory or common law
rights of the purchaser or the Company.
These Terms & Conditions
are displayed in Company premises, attached to all paper and email
correspondence by the Company and called to Customers’ attention in Company
premises and in correspondence. In accepting opinions, publications, goods
or services from the Company, Customers accept that all such items and matters
are limited and controlled by these Terms & Conditions.
As well as being HETAS registrered we are