1. The information given in this form sets out the legal relationship between us and you, please take time to read this carefully.
1.1 Contract – The legally binding agreement between us and you the terms of which are set out in this form and covers the purchase and sale of the goods and/or supply of other services.
1.2 Goods – means the goods (including any instalment of the goods or any part of them) which the seller is to supply in accordance with these conditions.
1.3 Services – means the installation of the goods and/or other ancillary services to be provided at the buyers request as agreed by the seller.
1.4 Seller – means The Barn Stoves & Fireplaces Ltd registration number 4046009
1.5 Buyer – means the person who accepts a estimate of the seller for the sale of goods or whose order for the goods or services is accepted by the seller.
1.6 Consumer – means a buyer entering into a contract for purposes which are outside of his business, within the meaning of the consumer protection (distance selling) regulations 2000.
CONTRACT (BASIS OF SALE)
2. We agree to sell and you agree to buy the goods set out in the terms of this contract. No other terms and conditions shall apply other than specific delivery and installation terms as supplied at the time of ordering goods and services agreed by seller and buyer in writing. No catalogue/website illustrations of the goods form any part of this contract.
2.1 The contract may not be altered unless both seller and buyer agree to any alterations and should be confirmed in writing. The contract is made when twenty four hours have lapsed since the time you sign for the order and you we given your copy. The reason for the delay is to allow you time to read the terms and conditions and the contract will not take effect if you inform us in this time period that you do not wish to proceed.(no out of hours telephone messages will be accepted you must inform us in time to cancel any orders)
2.2 The seller’s employees or agents are not authorised to make any representations concerning the goods or services unless confirmed by the seller in writing. In entering into the contract the buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.3 All goods are subject to availability and the seller will advise the buyer of when the goods are received ready for collection, delivery or installation. The seller shall not be held responsible for any delays in delivery of goods from main stockist or manufacturers, any dates quoted/estimated for in any order are approximate not exact unless otherwise stated in writing by the seller.
2.4 Any advice or recommendations given by the seller or its employees or agents to the buyer or its employees or agents as to storage, application or use of goods which is not confirmed in writing by the seller is followed or acted upon entirely at the buyers own risk and the seller shall not be liable for any such advice or recommendation which is not so confirmed.
ORDERS AND SPECIFICATIONS
3. The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order submitted by the buyer and for giving the seller any necessary information relating to goods or services within sufficient time to enable the seller to perform the contract in accordance with its terms.
3.1 The quantity, quality and description of any specification for the goods and/ or services shall be those set out in the sellers quotation or estimate (if accepted by the buyer) or the buyers or (if accepted by the seller).
3a. Appliances should always be installed by recognised approved installers complying with current building regulations.
3b. All gas points are deemed to be live, if they prove not to be this will involve additional costs for labour and materials to resolve.
3.2 No order which has been accepted by the seller may be cancelled by the buyer except with the agreement in writing of the seller and on terms that the buyer shall indemnify the seller in full against all loss (including loss of profit) costs (including the cost of all labour & materials used) damages, charges and expenses incurred by the seller as a result of cancellation.
PRICES OF THE GOODS & SERVICES
4. Subject to the provisions of this clause 4, the price of the goods shall be the sellers quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price the sellers estimates at the date of acceptance shall be the amount payable. All prices quoted/estimated are valid for 30 days (unless otherwise stated on the written quotation/estimate) or until earlier acceptance by the buyer, after which time they may alter by the seller without giving further notices to the buyer.
4.1 The buyer acknowledges that all estimates for services are estimates only and the seller reserves the right, by giving notice to the buyer prior to or during the provision of services, to increase the price of the services to reflect any increases in the cost to the seller which is due to any factor relating to the premises at which the goods are to be installed and which was not apparent to the seller or brought to the sellers attention at the time such estimate was given.
4.2 The seller reserves the right, by giving notice to the buyer at any time before delivery, to increase the price of the goods and/or services to reflect any increases in the cost to the seller which is due to any factors beyond the control of the seller ( such as, without limitation, significant increases in costs of labour, materials or other costs of manufacture, any change in delivery dates, quantities or specifications for the goods and/or services which are requested by the buyer, or any delay caused by any instruction of the buyer or failure of the buyer to give the seller adequate information or instruction.)
4.3 Except as otherwise stated under the terms of any quotation or in any price list of the seller, and unless otherwise agreed in writing between the buyer and the seller, all prices are given by the seller on an exwork basis, and where the seller agrees to deliver the goods otherwise than at the sellers premises, the buyer shall be liable to pay the sellers charges for transportation, packaging and insurance.
4.4 The price is exclusive of any applicable value added tax, which the buyer shall pay to the seller.
4.5 The seller shall be entitled at its discretion to increase the price of the services by the amount of labour time incurred whilst waiting to commence provision of the services if the buyer has not ensured that provision of the services can commence at the agreed time.
TERMS OF PAYMENT
5. Unless otherwise agreed in writing by the seller the buyer shall pay the full price payable for the goods and services on the day of delivery. The buyer shall pay a 50% deposit of the price payable for the goods and services on submitting an order and shall pay the remainder on the day of delivery/installation. All deposits are non-refundable.
5.1 The seller shall be entitled to recover the price of the goods and/or services not withstanding that the delivery may not have taken place and the property in the goods has not passed to the buyer. The time of payment of the price shall be the essence of the contract. Receipts for payment shall only be sent on request. If installation is stopped by the buyer then the seller shall be entitled to claim for labour and materials and for any losses encurred.
5.2 If the buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the seller, the seller shall be entitled to charge the buyer interests the rate of 2% per annum above HSBC bank rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
DELIVERY-RISK & PROPERTY
6. Risk of damage to or loss shall pass to the buyer:-
6.1 In the case of goods to be delivered at the sellers premises, at the time when the seller notifies the buyer that the goods are available for collection: or
6.2 In the case the goods to be delivered otherwise than at the sellers premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the seller has tendered delivery.
6.3 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and the services and all other goods and services agreed to be sold by the seller to the buyer for which payment is then due.
6.4 Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods on behalf of the seller as fiduciary, agent and bailee and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured as the sellers property, but shall be entitled to re-sell or use the goods in the ordinary course of its business.
6.5 If the buyer does not take delivery of the goods on the arranged date then the seller will store them free of charge until another date would be arranged for a period of 30 days, there after the seller will charge a reasonable amount for storage, handling and insurance.
INSTALLATION OF GOODS
7. If the goods are to be installed in the buyers home or premises then the installation will take place in accordance with the estimate given by the seller to the buyer or the buyer’s agent. It is quite possible that some items may be subject to change, in addition to the specific terms set out in the quotation/estimate. The seller carries out a home visit not a survey and therefore cannot be liable for any alterations to works once area is exposed for installation.
7.1In installing the goods we will do our upmost to avoid any damages to the property, however the suitability of the property for the installation is the buyers sole responsibility and the seller strongly advises that the installation guidelines given are followed stringently.
7.2 The area directly affected by the installation must be cleared by the buyer prior to the installation, if the areas have to be cleared by the seller’s installers the buyer may be charged for the labour.
7.3 Only the works agreed with between the seller and buyer on acceptance of the estimate shall be carried out at the time of installation. Any additional works may not be requested by the seller’s employees on the day any additions must be requested via the seller’s premises and office.
7.4 The buyer must ensure clear access to the areas the works are due to take place, all animals and small children are excluded from the area. Any obstructions or obstacles are removed from the area and installers to be made aware of any hazards or dangerous substances that could be unbeneficial to their health.
7.5 The buyers representative must be present to check and sign for the delivery/installation and have funds available for the balance of the sellers invoice. Any faults or defects with the goods must be reported by the buyer to the seller’s office at the time of installation or no liability will be excepted once goods have been signed for.
7.6 If the buyer believes there has been a defect in the quality of the seller’s workmanship then you must notify us immediately the defect becomes apparent. Such notification must be confirmed in writing, if a valid claim is notified to us we shall undertake any necessary remedial work free of charge.
7.7 The buyer is responsible for any cross bonding all exposed service pipes to comply with the electrical installation rules 16th edition. If the buyer wishes the seller can arrange a third party electrician to carry out works at an additional cost directly between electrician and buyer.
7.8 It is important that the buyer ensures that the chimney is thoroughly swept before the works proceed. Other flues, register/closure plates, chimney and smoke hoods should also be swept. Any blockage in the buyers flue that requires opening up will be charged additionally.
7.9 The installation work shall take place strictly as set out in the estimate. Unless specifically stated in the estimate the seller does not undertake to widen any aperture, nor do they take responsibility for any work needed to be done to brick or stone structures to enable the installation to take place. Further, the seller does not undertake redecorating works nor are they responsible for any damage to plastering, tiling or decorating which is caused by installing the goods.
8. The seller will warranty their works for a period of 12 months from the date of installation of the goods. However the seller does not warranty the goods themselves as the manufacturer’s warranty covers them.
8.1 The above warranty is subject to the following limitations:
a. The seller shall be under no liability in respects of defects in their workmanship caused by the buyers act or omission.
b. The seller shall be under no liability if the buyer has not paid for the installation works in full by the due date for payment. The buyer’s statutory rights are not affected by the above limitations.
8.2 The seller’s warranty of workmanship does not extend to goods or parts, materials or equipment not manufactured by us. In respect of those items the seller is entitled to the manufacturer’s warranty which will not normally be less than 12 months.
8.3 The seller will not be liable to the buyer for indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill, costs, expenses or otherwise what so ever).
EVENTS OUT OF THE SELLER’S CONTROL.
9. The seller shall not be liable to the buyer for breach of this contract by reason of the following events which are beyond the seller’s control:
a. explosion, flood, tempest, fire or accident.
b. war or threat of war, sabotage, insurrection, civil disturbance or act of terrorism.
c. strikes, lockout or any other industrial action.
d. restrictions on supply of goods.
e. power outages or equipment failure.
f. insolvency or bankruptcy of any suppliers etc.
9.1 If the seller becomes aware of any cause beyond their control which will make them unable to perform their obligations under the contract, they shall inform you. If in their opinion it would not be practical for them to perform their obligations within a reasonable time period of time then the seller shall be entitled to cancel the contract without incurring any liability to you except that they will refund any deposit or other sum paid by the buyer under contract.
10. The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the seller’s instructions (whether oral or written), misuse or alteration or repair of goods without the seller’s approval.
10.1 The seller warrants that the goods supplied at the time of delivery/installation correspond to the description given by the seller, are of a satisfactory quality and free from minor defects. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the goods, whether express or implied by statute or common law or otherwise are excluded to the ullest extent permitted by the law. For avoidance of doubt, nothing in these conditions shall exclude or otherwise seek to limit any
rights granted under any applicable legislation where the buyer is acting as a consumer.
10.2 The seller shall at all times in the performance of the services, act in accordance with best practice and will use reasonable endeavours to meet the buyers requirements as specified in its order and in particular the seller shall perform its obligations with reasonable due diligence, care and skill. The buyer acknowledges that whilst the seller will use its best efforts in carrying out the services, the seller is not a plastering contractor, carpenter or other relevant skilled craftsman and as such the standards of craftsmen shall not be those applicable to the seller in its performance of the services.
10.3 The buyer acknowledges that the goods contain natural products whose appearance will not always be uniform and which will have natural markings (graining and shading etc) and imperfections. The seller will provide the buyer with details of the nature of such imperfections on request. The seller accepts no liability for these natural imperfections.
10.4 The seller accepts no liability for smoking, leakage or other adverse consequences caused by existing structural defects (whether in chimneys or otherwise).
10.5 The buyer accepts that the seller will not be liable for any damage caused as a result of the buyers failure to comply with the sellers reasonable instructions relating to the preparation of the working area prior to the provision of the services. In particular, the buyer accepts that he is responsible for protecting the floor, carpets and/or other surfaces which surround the area in which the services are carried out.
10.6 The seller shall not be liable to the buyer or deemed to be in breach of contract by any reason of any delay in performing, or any failure to perform , any of the sellers obligations in relation to the goods and/or services, if the delay or failure was due to any cause beyond the sellers reasonable control.
11. The seller will take all reasonable precautions to keep the buyers details secure; we will not pass on the buyer’s information to any third parties unless given permission to do so.
12. The seller values all clients’ custom and aim to provide a good service on terms that are fair and reasonable to both parties. In the event that the buyer may have a complaint they should express it in writing and address it to Customer Relation department.
13. This contract and the supply of the goods will be subject to English law and English courts will have the jurisdiction in respect of any dispute between the seller and the buyer.