TERMS AND CONDITIONS
House of Radiators Limited of 22 Wellsway, Bear Flat, Bath. Bath and Northeast Somerset. BA2 2AA
1.1 All products are carefully checked before leaving the warehouse. Please remove all packaging carefully and inspect the products before installation. All claims for damages or missing items must be made within 48hrs from the date of delivery. Please Contact House of Radiators Ltd either by phone 01225 424199 or by email email@example.com. If you do not contact us within 48hrs from the date of delivery we cannot guarantee a replacement or to refund any faulty goods.
1.2 Notwithstanding the signature of the Buyer on delivery, if the Buyer notifies the Seller within 48HRS of delivery that not all of the Goods have been delivered then the Seller will, upon being reasonably satisfied, arrange delivery of those Goods which have not been delivered but shall be under no obligation to do so, in the event that the Buyer does not notify the seller within this time.
1.3 All delivery times quoted are estimates
1.4 The consignee is responsible for offloading.
1.5 Whilst every effort is made to deliver Goods on the dates or within the periods mentioned in the Contract, such dates or periods shall be deemed to be an estimate only and shall not form part of the terms and conditions of the Contract unless specifically agreed in Writing by a director and in the absence of such special agreement the Seller accepts no liability whatsoever for any loss or damage howsoever arising which may be suffered by the Buyer as a result of any failure on the part of the Seller to deliver Goods on or within the times, dates or periods mentioned in the Contract.
1.6 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note
1.7 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the goods on time because the Buyer has not provided appropriate information or authorisations:
1.7.1 The risk in the Goods shall pass to the Buyer during the holding period.
1.7.2 The Seller may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
1.7.3 The risk in the Goods shall pass to the Buyer upon delivery
1.7.4 We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or the premises (or the access to them) are unsuitable for our vehicle.
1.7.5 Delivery takes place either when the goods are loaded at our premises (if you are collecting them or arranging carriage); or when the goods are unloaded at your premises or address specified by you (if we are arranging carriage).
2.0 Cancellation or Variation of Orders
2.1 You may not cancel the order unless we agree in writing (and conditions 2.3 and 2.6 then apply).
2.2 If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
2.3 You may not cancel if we receive your notice after the goods have been dispatched; and
2.4 If you cancel the contract, you can have no further claim against us under that contract.
2.5 If installed it will be deemed that the model, colour or finish comply with the order and they will not be returnable or refundable.
2.6 No cancellation, suspension or variation by the Customer of any order accepted by the Company shall be valid unless agreed by the Company in writing and such agreement may only be given on terms which compensate the Company for any loss, costs, damages, charges and expenses thereby incurred by the Company, such compensation to be decided by the Company in its absolute discretion. In particular, the Company reserves the right to charge a 50% handling charge for goods which are accepted back into stock for credit, although the Company’s claim in this regard may not be limited to this sum.
2.7 The Company reserves the right to cancel fulfilment of any orders accepted by it should a credit check on the Customer’s credit worthiness prove to be unsatisfactory to the Company in its absolute discretion.
2.8 We may suspend or cancel the order, by written notice if:
2.9 you fail to pay us any money when due (under the order or otherwise);
2.10 you become insolvent;
2.11 you fail to honour your obligations under these terms.
Waiver and variations:
2.12 Any waiver or variation of these terms is binding in honour only unless:
2.13 made (or recorded) in writing;
2.14 signed on behalf of each party; and
2.15 expressly stating an intention to vary these terms.
2.16 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
3.0 Return of goods
3.1 We will only accept the return of goods from the Customer in exceptional circumstances and where the goods are part of our stock range, we cannot accept the return of bespoke goods. If we accept the return of cancelled goods from the Customer, take good care of all of the goods in your contract, as you have to send them all back in a saleable condition. You will be asked to pay for the return delivery. Returned goods will only be accepted:
3.2 by prior arrangement (confirmed in writing);
3.3 on payment of an agreed handling charge (unless the goods were defective when delivered); and
3.4 where the goods are as fit for sale on their return as they were on delivery.
4.0 Pricing, discount and condition of sale
4.1 The Company reserves the right to alter the prices, discount rates and conditions of sale at any time without prior notice.
5.0. Warranties and Liability
5.1 Your product has been designed and tested to give you many years of trouble-free service. For your additional peace of mind, House of Radiators Limited gives the following Warranty. Your statutory rights are not affected by this Warranty.
5.2 Subject as provided below. House of Radiators Limited warrants to the original purchaser at the original installation site that its products will be free from defects in materials and workmanship for the period of 5(five) years and 2 years for electrical componentry- unless otherwise stated) from the date of delivery (as long as you comply with condition 5.5).
5.3 The original purchaser's remedy for breach of this Warranty is expressly limited to repair or replacement of any part or parts found to be defective under conditions of normal service and use during the above Warranty period and does not extend to House of Radiators Limited being liable for any incidental, special or consequential damages or losses whatsoever. Such as loss of use of the product, inconvenience or lost profits.
5.4 This Warranty does not cover any defect, damage or malfunction in the product which is due to; failure to comply in any respect with the manufacture’s installation, maintenance or operating instructions; faulty storage, handling, installation or repair; mis-use; neglect; accident; abuse; or general wear and tear.
5.5 To ensure that our products provide you with the service that we expect, it is important that they are installed in accordance with the British Standard Code of Practice for Central Heating for Domestic Premises BS 5449 Part 1 and the British Standard Code of Practice for the Treatment of Water in Domestic Hot Water Central Heating Systems, BS7593.
5.6 Before free service under this Warranty can be provided, the original purchaser will be required to prove the date of purchase and may be required to provide House of Radiators Limited with supporting information, as House of Radiators Limited may need to conduct its investigation into the alleged defect.
5.7 House of Radiators Limited reserves the right to make a reasonable charge for inspection and testing of any product which is subject to a Warranty claim and the rights conferred by the Warranty are conditional upon the payment of such charge. The charge may be made at the discretion of House of Radiators Limited, either before or after the inspection and testing of the product. In the event that it is established to House of Radiators Limited reasonable satisfaction that a valid Warranty claim has been made in respect of the product, then charge which has been paid will be refunded in full by House of Radiators Limited.
5.8 Installation For safety reasons, all products and such as electric radiators should only be installed by a competent person, in accordance with current regulations and the manufacturer’s instructions. Reference should be made to Part P of current Buildings Regulations for further information. We recommend that the customer ensures all items are received in full, prior to booking a qualified installer. Failure to do so may result in additional costs for return visits by your installer, which House of Radiators Limited cannot be held responsible for.
5.9 We cannot accept liability in respect of any defect arising from fair wear and tear, wilful damage, mis-use, abnormal working conditions, failure to follow our instructions, or the alteration or repair of the goods without our or the manufacturers approval.
5.10 The warranty in this condition is invalidated in the event of:
5.11 A failure to install or use the goods for their normal purpose or in accordance with our instructions on installation and use;
5.12 A failure to maintain the goods in accordance with our instructions on proper maintenance;
5.13 Installation or use of the goods in a manner that is inconsistent with the technical or safety laws or standard codes or practice (B.S. or equivalent) in the country where it is installed or used;
5.14 The goods being used with accessories, systems and other goods of a type, condition or standard other than prescribed by us;
5.15 The goods being removed from their originally installed position and re-installed elsewhere; or the goods having not been installed onto a heating system that has been cleaned/treated and containing correct water treatments and inhibitors to the approved British Standard Code of Practice BS 7593 (or equivalent).
5.17 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
6.0 Paint Finishes
6.1 Please note that white radiators ordered from different colour codes may vary slightly due to manufacturing tolerances. It should also be noted that colours may also vary from colour swatches chips or RAL charts provided.
7.1 Our quotations lapse after 90 days (unless otherwise stated).
7.2 The price quoted includes delivery (unless otherwise stated).
7.3 Rates of tax and duties on the goods will be those applying at the time of delivery.
7.4 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
8.0 Payment terms
8.1 You are to pay us in cleared funds prior to delivery.
8.2 If you fail to pay us in full on the due date we may:-
8.3 Suspend or cancel deliveries;
8.4 cancel any discount offered to you;
8.5 charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998; calculated (on a daily basis) from the date of our invoice until payment;
8.6 compounded on the first day of each month; and before and after any judgment (unless a court orders otherwise);
9.0 Specification and Samples
9.1 We cannot accept liability for failure of the goods to attain any performance figures quoted by the manufacture unless we have specifically guaranteed them to you in writing.
9.2 Radiator calculations provided by House of Radiators Limited are for guidance only and we make no guarantees as to the accuracy of individual heatloss calculation. It is the customer’s responsibility to have all proposed heatloss calculation checked by your Architect, Heating Consultant or Heating Engineer before ordering. House of Radiators Limited accepts no responsibility whatsoever for the accuracy of any heat loss calculations which are provided in good faith.
9.3 If we instruct a manufacture to prepare the goods in accordance with your specifications or instructions you must ensure that:
9.4 the specifications or instructions are accurate;
9.5 goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.
9.6 We are not responsible for the performance or suitability of goods manufactured in accordance with your specifications and instructions.
We reserve the right;
9.7 to make without notice any required modifications in the specifications of goods which we think necessary to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customer’s specification which do not materially affect their quality or performance.
9.8 to discontinue any of our products without prior notice
9.10 All samples supplied are for illustrative purposes only and remain our property. All samples are to be returned to our office, carriage paid within one month of receipt unless we agree otherwise in writing.
9.11 We will make available on request information regarding the design, construction and installation of the goods to ensure that, as far as is reasonably practicable, they are safe and without risk when properly used. It is your responsibility to take such steps as are necessary to ensure that the appropriate information is made available to any person to whom you supply the goods or to whom you reasonably consider would require such information.
10.0 Force majeure
10.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
10.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
11.1 English law is applicable to any contract made under these terms. The English and Welsh courts have exclusive jurisdiction.
11.2 If you are more than one person, each of you has joint and several obligations under these terms.
11.3 If any of these terms are unenforceable as drafted:
11.4 It will not affect the enforceability of any other of these terms; and if it would be enforceable if amended, it will be treated as so amended.
11.5 All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
11.6 Any typographical, clerical or other error or omission in any literature, quotation, price list, or other document issued by us will be subject to correction without liability being incurred by us.
11.7 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
11.8 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act1999) by any person not identified as the buyer or seller.
11.9 The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorised representative and either: contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or which expressly state that you may rely on them when entering into the contract.
11.10 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
WEBSITE TERMS AND CONDITIONS for House of Radiators LimitedThese terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. Site Access
1.1 You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.
2. Use of Website
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. Site Uptime
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. Visitor Conduct
4.2 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.
5. Links to and From Other Websites
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. Exclusion of Liability
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair
Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
8. Governing Jurisdiction
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
9. Our Details
Our business’s name is: House of Radiators Limited
Our business address is: House of Radiators Ltd. 22 Wellsway, Bear Flat, Bath, Bath and NE Somerset, England, BA2 2AA.
Our VAT registration is: GB116350151
Our contact details can be found here: Contact Us