1 These Terms and Conditions apply to the purchase of FlueCube.
2 These Terms and Conditions will be deemed to have been accepted by you from the purchase date of the FlueCube.
3 These Term and Conditions apply to the purchase and sale of the goods (FlueCube) to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, or custom and practice.
Definitions:
4 A “business day” means any day other than Saturday, Sunday or Bank Holiday
5 Words imparting the singular number include the plural and vice-versa
6 Headings used in these Terms and Conditions are for convenience only and will not affect their interpretation.
Goods:
7 The FlueCube is as described in our sales documentation. By accepting the FlueCube you acknowledge that you have not relied on any other description, representation or promise about the FlueCube.
8 We can make any changes, without notice, to the FlueCube specification which are required to meet any applicable safety or any other statutory or regulatory requirements.
Price:
9 The price of the FlueCube is as stated in our sales documentation or agreed by us in writing.
10 If the costs of the FlueCube increase due to any factor beyond our control including, but not limited to, material, labour, exchange rates, taxes or delivery costs; we can increase the price prior to delivery.
11 We will not increase the price for any reason, including all or some of the above, without informing you and confirming the new price in writing first.
12 If you are entitled to discounts, all discounts will be at our discretion.
13 The price is solely for the FlueCube and delivery. If not fitted correctly, FlueCube may not work properly. We recommend you follow the instructions or call us, if not fitting yourself use a recognized chimney sweep, qualified builder, or equivalent to fit the FlueCube. We are not responsible for any costs or damage that may be incurred in the fitting of the FlueCube.
14 In the unlikely event that you need to return the FlueCube we offer a full money back guarantee as long as the FlueCube is returned in good condition within 30 days of purchase. We are not responsible for any costs or damage incurred by the removal and return of the FlueCube.
15 The price does not include any packaging and delivery
16 The price includes VAT but does not include any import taxes or levy imposed by any other country or agency.
Cancellation and Alteration:
17 The details and description of the FlueCube in our sales documentation is subject to change or alteration without notice. The sales documentation is not, and should not be treated as a contract of sale.
18 Any quotation, non standard price or discount is valid for stated days only from the date offered, unless withdrawn by us at an earlier date.
19 Either party can withdraw from the sale for any reason prior to acceptance, or rejection, of a quotation.
Payment:
20 Payment is due at the point of order unless otherwise agreed in writing.
21 If payment is deferred by agreement, payment will be due no later than 30 days after the date of our invoice.
22 If payment is not made within the agreed time limit (or as stated above in clause 18) we reserve the right to add a statutory daily charge (currently 8%) above the Bank of England’s base interest rate.
23 If a debt is not paid we reserve the right to claim debt recovery costs as set out by Late Payment Legislation.
Delivery:
24 We will arrange delivery of the FlueCube to the address supplied by you.
25 Subject to the terms of the carrier, delivery can be made at any time of the day and must be accepted at any time unless otherwise agreed with the carrier. Any agreement made with the carrier is between you and the carrier and is not part of your contract with FlueCube.
26 If you fail to take delivery of the goods and they are returned we will store the goods.
27 After 30 days of storage we will resell the goods or dispose of them and we reserve the right to charge your for any losses incurred as a result of resale or disposal.
28 Delivery dates are approximate only.
Acceptance of Goods:
29 You must inspect the goods on delivery or collection.
30 If you identify damages you must inform us in writing within 10 days of receiving the goods.
31 In the event that the FlueCube arrives in a damaged state, you may return the goods and receive a refund or replacement subject to clauses a-e as set out below:
a You must inform us in writing as stated in Clause 27.
b You must not make use or, or fit the FlueCube
c The defect must not have been caused by you or by not following the instructions for use and fitting of the FlueCube.
d The defect was not caused by normal wear and tear.
e The defect was not caused by negligence or wilful damage caused by you, your agent(s) or any party employed by you.
32 You bear the risk of returning the goods.
33 You will be deemed to have accepted the FlueCube following inspection by you or, in any event, within 21 days of delivery.
Limitation of Liability:
34 We will not be liable (whether caused by employees, agents or otherwise) in connection with the FlueCube for:
a Any indirect damage, loss, consequential loss, costs or expenses and/or
b Any loss of profits, anticipated profits, loss of business, business interruption or any third party claims and/or
c Any failure or delay to perform our obligation if the cause of the failure falls outside of our control and/or
d Any losses relating to the choice of the FlueCube and how it will meet your requirements and/or purposes or the use by you of the FlueCube and/or
e Any losses caused by your failure or breach of your obligations.
35 The exclusion of liability will not exclude liability for death or personal injury caused by our negligence or any matter which it would be illegal for us to exclude.
Communication:
36 All notices relating to these Terms and Conditions must be in writing and signed by you or your authorised representative.
37 Notices will be deemed to have been given on receipt of such notice if sent by courier or signed for delivery and/or by email with a successful transmission report or return receipt.
38 All notices relating to these Terms and Conditions must be sent to the correct address or email address.
Circumstances Beyond the Control of Either Party:
39 Neither party shall be liable for any failure in their obligations within this Agreement where such a failure is caused by circumstances beyond the reasonable control of that party. Circumstances include, but are not limited to, power failure, fire, flood, internet service failure, industrial action, civil unrest, storm damage, acts of terrorism, acts of war, government action or any other event that is beyond the control of the party concerned.
Waiver:
40 In the event that we agree to waiver any breached term by you within these Terms an Conditions, such a waiver will not be considered valid for any subsequent breach of the same or any other provision.
Severance:
41 If one or more of these clauses is found to be invalid or unenforceable or unlawful, that clause will be deemed severed from these Terms and Conditions. The remaining Terms and Conditions will remain valid and enforceable.
Law and Jurisdiction:
42 All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.