Terms and Conditions
1. Basis of This Contract
- In these terms “The Company” means S J Chimneys of 2 Furzbeam Row, Torrington, Devon, EX38 8DH, (“The Premises”) and “the Buyer” means any Person placing an order with the Company for the purchase of goods (“Goods”).
- A Contract under which the Company shall sell goods to the Buyer shall only come into existence once the Company has received a 50% deposit and accepted the Buyer’s order for goods.
- The Contract comprised by these terms shall comprise the entire contract between the Company and the buyer (“Contract”).
- Any other terms, conditions or provisions whether proposed by the Buyer orally or in writing shall be of no effect and the sale of Goods by the Company to the Buyer shall not constitute acceptance of such terms, conditions or provisions.
- Unless specifically agreed in writing and signed by a director of the Company, information and advice given orally or contained in the Company’s publicity material advertisements and catalogues and in correspondence between the Company and the Buyer before the date of the Contract is given gratuitously and without responsibility on the part of the Company and shall not form part of the Contract.
- Unless stated in this Contract or expressly agreed in writing and signed by a director of the Company, no term, condition, warranty or representation (whether express or implied by status, law, custom or usage) as to the nature, quality or fitness of the Goods or their conformity with any description or sample is given by the Company, or shall form part of any contract between the Company and the Buyer.
- The terms of the contract shall override and supersede any previous negotiations, agreement or arrangements between the Company and the Buyer in relation to the supply of Goods.
- Unless the Company otherwise agrees in writing the terms of the Contract shall apply to all future arrangements for the sale of goods or supply of services from the Company to the Buyer.
- The Buyer warrants it has not been induced to enter into this Contract by any representation other than one made by a Director of the company in writing and only such a representation in writing by a Director shall bind the Company.
- A variation to this Contract shall only be binding on the Company if it is in writing and signed by a director of the Company.
- The company may engage sub-contractor to perform any part of this contact.
The company will endeavour to maintain the prices shown on the current Price List, but the Company shall have the right to reflect any increase in its costs resulting from:
- Any alteration in or addition to the buyer’s requirements.
- The buyer’s instructions or lack of instructions.
- Any interruptions, delays or additional overtime work arising from the causes for which the Company is not directly responsible.
- Any increase in (or new) tax, duties or levies (including VAT) imposed on the Good; fluctuations in foreign exchange rates.
- The prices do not include any applicable VAT or other duties or taxed which may be chargeable in connection with the supply of the Goods, to the Buyer which the Buyer shall pay in addition to the Price. The Company shall have the right to invoice the Buyer in respect of a partial delivery of the Goods.
- The Buyer must pay for the goods in full before the order can be processed (the goods can be inspected at the Company’s premises) and arranging the date of delivery.
- Any deposit so paid shall for the avoidance of doubt, be non-returnable. (If full payment is not made on the due date see paragraph 5 below then interest shall thereafter be payable on the outstanding balance at the rate of 2% above Barclays Bank minimum lending rate.)
- The Buyer shall not be entitled to withhold payment of any invoice by reason of any right or Set off or claim or dispute with the Company, whether relating to the quality or performance of the Goods or otherwise.
- Any deposit shall be held by the Company as a deposit and not a part payment. The Company shall have the right to suspend performance of its obligations under this contract if it reasonably believes that the Buyer will not make payment in accordance with paragraph 4.
- The Company terms the due date as the date which precedes the arranging of an installation, delivery or collection. This date must be in all instances be a minimum of 10 working days prior to the actual date for installation, delivery and collection.
- Dates and times given for completion or delivery of Goods or of any stage or process are given as estimates only. The Company will endeavour to meet any time estimate, but reserves the right to amend any estimate and will notify the Buyer of such amendment where practicable. The Company shall not be liable to the Buyer for loss or damage resulting from failure to meet a time estimate from any cause including negligence.
- If this Contract is for the delivery of Goods by instalments then failure by the Company to deliver one or more instalments shall not entitle the Buyer to claim compensation or to terminate or suspend this Contract and /or reject those or subsequent deliveries.
- It shall be the responsibility of the Buyer to examine the goods on delivery and notify the Company of any defects at the time of delivery. If the Company does not receive such notice within 1 working day it shall be discharged from all liability (whether arising in negligence or otherwise) arising from short delivery of such defects.
- If the Company agrees to deliver (or arrange delivery of) the Goods to a place nominated by the Buyer, delivery shall be effected when delivery is tendered there during normal working hours and suitable assistance given to the delivery driver on large heavy items.
- If the Buyer does not accept delivery of the Goods in accordance with this in paragraph 4, the Company may arrange for the storage of the Goods on the Buyer’s behalf but without liability for any loss or damage occurring after the agreed delivery date. The Buyer’s shall, in addition to the price, pay on demand all reasonable charge for storage, insurance and transport occasioned by its failure to take delivery.
- Where the goods are collected by the Buyer the Company shall not be liable for any loss or damage caused to the Goods while in transit.
- The Buyer shall carefully examine the Goods on the Company’s premises and shall immediately notify the Company of any defects reasonably discoverable on the careful examination. If the Company does not receive such notice it shall be discharged from the liability (whether arising in negligence or otherwise) arising from Short delivery or such defects.
- The goods shall remain the property and in absolute ownership of the Company until the Buyer has paid in full all amounts owed by the Buyer to the Company (including VAT) whether in respect of the Goods or otherwise.
- The risk in the goods shall pass from the Company to the Buyer on delivery of goods to the buyer. However, notwithstanding delivery, installation or collection and the passing of risk in the goods title and property to the goods, including full legal ownership, shall not pass to the buyer until the company has received in cash or cleared funds payment in full for all goods delivered, installed or collected by the buyer under this and other contracts between the Company and the buyer for which payment for the full price of the goods there under has not been paid. Until then the buyer must insure and store the Company’s goods so that they are clearly identifiable as the Company’s property. The buyer may use those goods and sell them in the ordinary course of its business, but not if the Company revokes the right (by informing the buyer in writing) or the buyer becomes insolvent. The buyer must inform the Company immediately (in writing) if the buyer becomes insolvent. The Company has the buyer’s permission to enter the buyer’s or third party storage premises to inspect the goods and after the buyer’s right to use and sell the goods has ended, to remove them, using reasonable force if necessary.
6. Materials Used
- Where materials or other Goods are installed by the Buyers, this must be carried out in accordance with the Company’s fitting instructions and, in particular, since dry timber will be affected by moisture, mantels and other goods must not be in contact with plaster or walls which are not completely dry.
- Marble, stone, wood, slate and granite being natural products, cannot be guaranteed for continuity of appearance, but the Company exercises due care in the selection and arrangement of such materials for each order. Unavoidable variations from the sample of marble, stone, wood, slate or granite provided may occur in respect of colour, grain, shade, or veining during the course of developing a quarry, but the company guarantees that the material supplied under this Contract will be specified trade variety.
- Most coloured marbles are inherently unsound, which may vary from slight cracking and shakiness in some varieties to extensive open brecciation in others. All natural materials are sold subject to such usual defects. The Company cannot be held responsible for faults, which develop or evidence themselves in marble, stone, wood, slate or granite after delivery.
7. Antique Mantels
- These are purchased as seen and the Buyer should inspect such mantels for any defects associated with their age or otherwise prior to delivery, collection or installation. The Company accepts no responsibility for such defects and cannot undertake to remedy defects after delivery, collection or installation.
8. Chimney Sweeping
- Before installation can proceed any chimney to be used for Solid Fuel or a Gas Effect Fire (Class 1) should be swept and smoke tested (for Gas Effect Fires this should be to BS5440 and for Solid Fuel BS6461) in accordance with Approved Document ‘J’ building Regulations 2002.
- Unless otherwise agreed, the clients should make their own arrangements for the Sweeping appointment.
- The Sweep will ascertain the maximum working opening size for flue and confirm that it is a Class 1 Flue conforming to BS5871 part 3 for Gas and BS6461 for Solid Fuel.
- THEIR REPORT WILL HAVE TO BE COPIED TO US BEFORE INSTALLATION CAN PROCEED.
- The Company accepts no responsibility for the installations of goods undertaken by any third parties not recommended by the Company to the Buyer.
- Installation of the Fire Surround is subject to a Technical survey and includes the following: Installation of the Hearth, rendering of the fire chamber, (basket installation) or back filling of the insert (insert installation), installation of the surround, installation of 8mm gas pipe between the gas fire and the isolation tap adjacent to the fire chamber and making good around the surround to a pre-decorated finish.
- The Installer will not undertake the refitting of carpets and skirting boards.
10. Removal of an Existing Fireplace
- Whilst every care and considerations will be given to an existing fireplace, The Company can not be held responsible for damage incurred during the removal of the same.
11. Gas fires and their Installation
- Where a Gas Effect Fire (Class 1) is to be installed, a certificate to be issued by the Chimney Sweep to state conformity to BS5871 Part 3. A copy of the certificate must be send to The Company stating your Customer Reference No or Invoice No. at least 2 weeks prior to the Gas Installation taking place (in most cases we would have received this prior to accepting your order).
- If a price is stated overleaf, it is based on a live Gas Supply being adjacent to the Fireplace and terminating in a Gas Safe approved isolation valve.
- Where a Gas Effect Fire (Class 1) is to be installed, A Gas Safe registered installer must undertake this work. The Company has an in-house Gas Safe Registered Installer who can carry out such work and can also recommend a self –employed installer for the London area. In the former case the Company would bill/invoice the Customer. In the latter, billing would be direct to the Customer by the self-employed installer. The charge for installation of a Gas Effect Fire (Class 1) is in addition to the cost of the installation of the fireplace.
- Once the Chimneypiece has been installed to your satisfaction, the gas coal/log effect fire needs to be commissioned. The fireplace installer is not able to undertake this himself so you should call our office on 07500 861 1862, to book an appointment and we will aim to install your Gas Fire within 10 working days.
- You will receive a Gas Safety Certificate upon remittance of the Gas Installation Balance.
12. Air Ventilation and BS5871 Part 3
- Normally appliances covered by this standard will require a minimum of 100cm2 of purpose provided ventilation. However, where an appliance of not greater than 7kw input is to be installed an air vent may not be necessary (see Manufacturers Manual). If 2 appliances (2 gas effect fires with kw input exceeding 15kw) are fitted in the same room, the air ventilation requirements is 230cm2. It is illegal for a gas fire to be connected until the purpose provided ventilation has been installed.
- Any points not covered in the above Terms of Business will be decided by Jack and Sallie Gaskin, Company owners at S J Chimneys of Torrington.