Terms & Conditions of Sale


1. Definitions

  1. "Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by us."
  2. "Good" or "Goods" means the goods (including any installment of goods or any parts for them) which we supply in accordance with these Conditions.
  3. "We" and "us" means DiscreteHeat Company Limited.
  4. "Writing" includes facsimile transmission, email and other comparable means of communication.
  5. "You" means the consumer who accepts a quotation from us or whose order for the Goods is accepted by us.
  6. "including" and "in particular" shall be construed as not limiting any general words or expressions with which either of those expressions is used.

2. Conditions

  1. We intend to rely on these written terms and conditions set out here and they shall apply to all contracts for sale of Goods by us to you. Neither of us can alter the terms of this agreement without the express agreement of the other. If you require any changes, please make sure that you ask for these to be put in writing as they will be ineffective otherwise. By doing this, we can avoid any problems surrounding what both of us are expecting from our relationship.
  2. Where we have agreed to provide you with system design, installation or other consultancy services, then the provision of such services shall be governed by the our separate Conditions for the Provision of Services, a copy of which shall be supplied to you.
  3. Please note that we shall be entitled to correct any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us or information on the website provided the correction does not materially affect the contract. If such a change does materially affect the contract, both of us have the option to withdraw from the contact. In such circumstances, the contract shall be treated as not having been entered into.
  4. The views and opinions expressed in any sales literature or on our website are the views of the contributors and should not be taken necessarily as fact. Due to the volume of information in our sales literature and on our web site you must confirm all information that you are relying on when you order your Goods.
  5. No contract for the sale of Goods shall arise until we dispatch the Goods to you or you notify us in writing of your acceptance of our quotation (whichever shall first occur).
  6. Acceptance of delivery of Goods shall be deemed conclusive evidence of your acceptance of these Conditions.

3. The Ordering Process and Prices

  1. The price for the Goods shall be that as published by us from time to time or as otherwise agreed by us and you should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability.
  2. When you place your order, please note that we shall acknowledge receipt of your order in writing however this is not an acceptance of your order.
  3. The final price for the ordered Goods shall be confirmed to you in writing when we accept your order and shall include charges for packing, postage and carriage (plus VAT) and VAT on the Goods.

4. Payment

  1. Payment must be made in advance, in full and in cleared funds before we dispatch the Goods to you. Where the Goods are being installed by yourself on behalf of someone else, we shall dispatch the Goods to you once we have received confirmation from the contracting company that an appropriate installation contract has been entered into by yourself.
  2. You can pay by cash, cheque, visa, mastercard or switch and by any other methods of payment as published from time to time. We accept credit & debit card payments through PayPal. Paypal is an authorised on-line agent and regulated by the FSA
  3. Mailed copies of receipts for payment shall be issued only on request. Otherwise all receipts will be transacted through the internet/email.

5. Interest on Overdue Invoices

  1. Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 2 per cent per annum above Nat West plc base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest), to accrue both before and after any judgment.
  2. You must pay all invoices in full free from any deduction for any set-off, counterclaim or any other matters.

6. Delivery

  1. We shall endeavour to deliver the Goods within 30 days from receiving your order and every reasonable effort shall be made to keep to any estimated delivery date. If we are unable to do this, we shall contact you within this 30 day period to agree a new delivery date. If you do not agree to a new delivery date, this contract shall be treated as if it had not been entered into by either of us. We shall reimburse any monies paid by you within 30 days from the end of the original delivery date.
  2. Time of delivery shall not be of the essence and in circumstances where we fail to meet any estimated delivery time, from unforeseen demand, discontinued products or any other such matter outside our control, we shall not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.
  3. We may deliver the Goods in advance of the quoted delivery date and notification of delivery may be made by telephone call/message, email, fax or by post on the due date.
  4. A carrier's first attempt to deliver shall be considered as the delivery date.
  5. Unless otherwise agreed, we may deliver the items comprising one order by installments however delivery shall not occur until the final item that you ordered has been delivered to you. This clause shall not apply if you have ordered Goods in several different contracts such that the deliveries are due to be made at different times.
  6. We shall deliver goods to your given delivery address and you shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  7. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then, in addition to any other rights that we may have, we shall store the Goods until actual delivery and may charge you for the reasonable costs (including insurance) of storage. This clause shall not apply if your failure to take the delivery arose out of circumstances that were outside your reasonable control.
  8. We shall decide upon the best method for delivering the Goods.
  9. Our delivery charges, delivery insurance charges and the timing of all deliveries shall be as published from time to time and shall be confirmed to you when we accept your order. Any promotional offers in respect of delivery charges shall only apply to UK mainland and Northern Ireland.

7. Ownership and Risk

  1. The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.
  2. We are the owners of the Goods until we have been paid in full in cash or cleared funds for such Goods.

8. Chargebacks & Section 75 of the Consumer Credit Act

  1. Chargeback is not accepted for goods that have been produced to your design and specification and/or cut and fitted by ourselves or others, as they are customised to your specific requirements and are not available for resale.
  2. Except for failure to delivery, or delivery of the wrong product, damaged or missing parts, then goods are not eligible for chargeback, and you should use our Cancellations, Replacement or Returns Procedure (Section 11) for materials surplus to requirements or not meeting your expectations.
  3. Goods that have been installed and thus customised to suit your property, room or project will be deemed to have been accepted by you as meeting your requirements and expectations, so please inspect your delivery carefully before installation commences.
  4. If at any time any payments made for Goods by credit card are reversed by the credit card company ("a chargeback"), or a claim for refund under Section 75 of the Consumer Credit act, whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods separate from your and any third party goods and ensure that they are properly stored, protected and insured and identified as our property.
  5. In addition to any other rights we may have in these circumstances, we may upon by giving 7 days notice require you to return or deliver up the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value.
  6. If a chargeback or claim under Section 75 has been made, please note that that you shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.

9. Warranties and Liabilities

  1. The relevant period and limitations of our warranty as to the goods & services supplied to you at the time of delivery and/or installation is stated on our 'Warranty Certificate' which has been provided to you or further copies made available on request.
  2. We warrant that the Goods will at the time of delivery correspond to the description we have given in our confirmation and/or drawing order.
  3. We shall only be responsible for our negligence where we have caused death or personal injury.
  4. We shall not be responsible for any defect arising in the Goods arising from:
    1. any drawing, design, dimension or specification supplied by you; and/or
    2. fair wear and tear; and/or
    3. willful damage by you or a third party; and/or
    4. abnormal working conditions; and/or
    5. your failure to follow our instructions (whether oral or in writing); and/or
    6. the alteration or repair of the Goods without our written approval.
  5. We shall be under no liability under any warranties unless and until you have paid the total price for the Goods.
  6. Where the Goods are covered by manufacturer's warranties, details of which will be supplied to you on delivery of the Goods, you shall be entitled to the benefit of the manufacturer warranties only.
  7. We shall not be liable under these Conditions for any loss (consequential or otherwise), or damage or delays caused by us or our employees or agents in circumstances where
    1. matters were outside our reasonable control; or
    2. you failed to provide us with relevant information that would have had an impact on our actions;
    3. there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
    4. any loss or damage suffered by you is not a reasonably foreseeable result of any such breach by us;
    5. the increase in loss or damage suffered by you resulted from the breach by you of a term of these Conditions.
    6. Failure of pre-installed equipment as a result of changes or adaptions to the heating system except where it can be shown that our employees acted negligently or wilfully damaged said equipment.
    7. Decorative or remedial repairs caused as a normal consequence of installation which require the services of other trades except where it can be shown that our employees acted negligently or maliciously.
    8. You should make arrangements to remove and/or move and/or protect any items of value (monetary or sentimental) prior to the commencement of works. This includes (but not limited to) paintings, photographs, furniture, memorabilia, pottery artifacts, jewellery etc. Where our engineers are requested or required to move valuable items, you must supervise the process, give guidance and any such removal and/or action proceeds at your risk. Please check your household contents insurance documents appertaining to ‘Tradesmen’ and any exclusions. The company does not accept liability for any accidental damage incurred as a result of our engineers having to move items to effect the installation, except where it can be shown that they have acted wilfully or maliciously.
    9. Impact on other trades or tradespersons including costs for attending when goods have been supplied insufficiently, incorrectly or have been delivered or despatched late.
    10. Pursuant to above, customers are advised not to arrange installation or work involving other tradespersons until the goods have been satisfactorily received. Clients proceed at their own risk if any goods are delivered incorrectly, short, late, or damaged.
  8. We shall not be held responsible for any incompatibility issues or consequential losses which arise out of or in connection with the supply of the Goods or their use by you including losses or damages of the types listed below:
    1. loss of profit; and/or
    2. loss of anticipated savings
    3. loss of business and/or goods; and/or
    4. loss of revenue; and/or
    5. loss of contract; and/or
    6. loss of goodwill; and/or
    7. loss of use; and/or
    8. loss and/or corruption of data and/or other information; and/or
    9. downtime; and/or
    10. any damages, cost or losses relating to the procurement by you of any substitute or additional hardware or software, materials, tools and labour.
  9. Warranty as to performance. Where stated the performance of ThermaSkirt heating systems are in accordance with BSRIA tests to BS EN 442-1 and/or our in-house equivalents.
    1. Unless otherwise agreed in writing, DiscreteHeat accepts no liability for errors and omissions relating to heat loss estimates and/or calculations, whether provided by the company or otherwise.
    2. Heat loss estimates are just that - estimates – not calculations no matter how they have been described or referred to by yourself or the company. We have not entered into contract to provide you with an underwritten statement of your heat loss requirements, nor have we accepted payment for said service – we have supplied you with a heating system that will provide a calculated output performance under described circumstances, and you must be satisfied that it meets your requirements.
    3. Heat loss estimates are provided in good faith, based upon information from you, your client, or your contractors, or from freely available information such as Building regulations, MIS 3001, or SAP 2009. They do not constitute a guarantee as to performance nor should you rely on our estimates and you should make your own enquires with a CIBSE engineer or equivalent if you wish to have an underwritten calculation as to actual your room/properties heat loss requirements.
    4. Should you wish to cancel your order as a result of new heat loss calculations from a 3rd party, clause 10 (Cancellations) shall apply.
    5. Failure of performance due to defective pipework, inadequate or defective heating supply, low water pressure, inadequate or defective electrical supply or any other existing element of the installation not installed or provided by us, shall not be permitted as reason for cancelling or returning goods for credit or withholding payment for installation services. For the elimination of doubt, performance shall be considered to include thermal, audible, aesthetic, efficiency, efficacy or any other reasonable expectation of the purchaser.
  10. Cessation of Warranty. Where payment for goods or services remains outstanding, then the company reserves the right to cancel any warranty if not settled within 30 days from the agreed payment date.

10. Cancellations

A: Business to Consumer
  1. You have 14 days from receipt of your order or payment to cancel your order by giving notice by letter, fax or email to us. The effective date of cancellation is the date on which the notice is sent.
  2. The effective date of cancellation is the date on which the notice is sent.
  3. If you fail to return the Goods to us within 7 days of the date of cancellation, we shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to you.
  4. We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
  5. You shall be liable for the cost of returning the Goods to us if you cancel your order.
  6. This clause 10 shall not apply to:
    1. goods made to your specifications; and
    2. Products which have been installed by you, us or others.
    3. Products which have been cut to size and/or installed as they are considered bespoke or personalised goods under the Consumer Rights Act 2015
    4. For faulty or replacement goods, please see Section 8 & 9 of these Terms and Conditions.
B: Business to Business (Commercial Transactions)
  1. Where goods have been ordered for projects and/or commercial projects, cancellations may be accepted subject to the following terms.
  2. Prior to payment unless advance materials have been ordered on your behalf for testing, approval and or promotional activities, prior to placement of said order.
  3. Goods which have been ordered in good faith on your behalf following a verbal or written instruction in advance of an official purchase order may not be cancelled and/or are subject to clause 10.B.4.
  4. Goods ordered and paid for in good faith for bulk orders or project work may not be cancelled except in the case of insolvency, winding up and or foreclosure of your business and/or only with the written agreement of Discrete Heat.
  5. Where cancellation is accepted by the us, DiscreteHeat reserve the right to offset any out pf pocket expenses in preparing and providing designs, quotations, technical support and or site visits, and any loss of profit incurred by said cancellation.
  6. We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of acceptance of cancellation was given by us. The refund shall be made by the same method as payment.

11. The Procedure for Returns/Cancellations/Replacements

  1. You are asked to examine the Goods and tell us about any fault or damage or any failure of the Goods to correspond to specification within 3 days after delivery of the Goods.
  2. When you return any such Goods then you must obtain a Goods return return number (GRN) from us for each and every return so that we are able to process your return. The number must be clearly shown on each returned parcel. The Goods must be returned in the original manufacturer's packaging (which shall not be defaced) complete with any accessories and spares.
  3. We shall deduct a reasonable amount from any prepayments that you have made in relation to any such returned Goods to prepare them for resale if they have not been returned in accordance with clause 11.2.
  4. You should preserve any Goods in respect of which any claim of defect or damage is made by you and we may ask you to:
    1. retain the Goods for a reasonable period to enable us or our agents to inspect the Goods; or
    2. allow us to collect the Goods if they are defective
  5. You shall be responsible for any loss or damage caused to returned Goods where such damage has been caused by your negligent or faulty packing.
  6. Where any valid claim made by you in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or our failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace the Goods (or any part thereof) free of charge or refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
  7. Goods not featured in our on-line catalogue or brochure, may not subject to the normal returns policy and instructions for return should be confirmed with us before returning the Goods.
  8. ThermaSkirt® components and systems manufactured to your drawing order may only be returned if they have not been manufactured in accordance with the confirmed drawing / order.
  9. ThermaSkirt® product that has been manufactured correctly to the drawing order but where the information provided by you has been incorrect, may be returned for credit subject to the following restocking terms:
    1. Cut lengths for the purposes of credit will be calculated down to the nearest whole metre. Lengths under 1m may not be returned for credit.
    2. The re-stocking and administration cost shall be as follows: Cricket White & Ivory: 25%. Other single Colours: 40%. Timber & Marble: 50%.
    3. Any special order colours and finishes may not be returned for credit.
    4. Unused components & connectors in their original packaging: 25%
    5. The period in which unused/surplus materials or components may be returned for credit is limited to 90 days from the date of delivery unless agreed otherwise in writing.
  10. For the elimination of doubt and for dispute resolution, ‘manufactured correctly’ shall mean cut to the calculated length ±3mm, and any connecting parts are supplied in accordance with the drawing order. The calculated length is derived from the information provided by yourself and the formula for this calculation is contained on our website. The accuracy of any data relating to room size, shape, layout, door/archway/aperture size and position and feed/return locations and thus the connecting parts required is your responsibility.

12. Customer Service queries

  1. We shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which you have made within 48 hours of receipt of any such query.
  2. We shall make every reasonable endeavor to respond to complaints within 5 working days and keep you reasonably notified of any progress thereafter.
  3. Telephone calls made to us may be recorded for training purposes.

13. Trademarks and Accreditation

  1. Both of us acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in our sales literature and on our website.
  2. Where Goods have been manufactured and supplied under an IS09000 approval this is indicated in the product text.

14. Force Majeure

  1. We shall not be liable to you if we have delayed or failed to perform any of our obligations under this contract in respect of the Goods if the delay or failure was due to circumstances outside our reasonable control. The following are some examples, but not all, of circumstances beyond our control:
    1. act of God, explosion, flood, tempest, fire or accident;
    2. war, threat of war, sabotage, insurrection, civil disturbance or requisition;
    3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
    4. import or export regulations or embargoes;
    5. strikes, lock-outs or other industrial actions or trade disputes; and
    6. difficulty in obtaining materials, labour or machinery.
  2. If we are unable to provide you with your Goods within a reasonable time, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.

15. Group Company

  1. We may share your information with other companies in the group and other third parties. Please note that you may be contacted or sent information in respect of further goods and services available and should inform us in writing in the event that you do not wish this to receive this.

16. Contracts (Rights of Third Parties) Act 1999

  1. No third party shall be allowed to enforce any rights under this contract.

17. No Waiver

  1. We shall be entitled to enforce all of our rights under these Conditions at any time even if we do not immediately enforce them or do not enforce them when we first become entitled to do so.

18. Assignment

  1. You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.

19. Notice

  1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
  2. Notices shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting the day on which it was posted and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.

20. Enforceability

  1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of any other provision of these Conditions and the remainder of the provision in question shall not be affected.

21. Dispute and Jurisdiction

  1. These Conditions are governed by the laws of England.
  2. We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreements and you wish to take court proceedings, you must do so in the United Kingdom.

Company

Address:
DiscreteHeat Company Limited
1 Victoria Works Industrial Estate
Coal Pit Lane, Atherton
Manchester, M46 0FY

 01942 88 00 60
 info@discreteheat.co.uk

VAT# 884427392
Company Reg# 5594330 Payment Banner ISO 9001 Logo

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