SUSSEX WOODSTOVES - TERMS & CONDITIONS of BUSINESS

1. GENERAL

(a) In these conditions, Sussex Woodstoves is referred to as the "Company", and the Person, Firm or Company purchasing is referred to as the "Customer". Any agreement documented for the supply of goods or services is referred to as the ”Contract” – The Company only enters into Contracts supported by the Company’s printed documentation. Suppliers of Goods and Services to customers, other than goods and services supplied by the Company are “Other Suppliers” and are in no way associated with the Company. The Company accepts no liability for any works other than completed by the Company.

(b) Goods ordered by the Customer are sourced by the Company for the Customer and the Company insists that there can be no right for the Customers to cancel or withdraw after materials have been partially or fully paid for.

(c) Any refund to the Customer for cancelled orders for Goods is subject to a 25% hand ling charge for non-installed materials. No refunds are available for unpacked or used stoves, parts or materials.

(d) The Company enters into Contract with the Customer solely on these Terms & Conditions, and no representation or warranty, collateral or otherwise, shall bind the Company and no statement made by any Representative of the Company shall vary these conditions unless printed and signed by the Company. In accepting opinions, publications, estimates, goods or services from the Company, Customers accept that all such are controlled by these Terms & Conditions.

(e) Any Contract for goods or services, is entered into by the Company on the basis of its Representative’s assessment and the agreed documentation of the Customer's requirements in an Estimate.

(f) Any Contract is conditional upon inspection by the Company. If considered unfeasible or unsafe to carry out the works on the terms specified, the Company will notify the Customer and return any Customer's deposit; whereupon the contract shall be null and void and neither party shall be under any liability. The pre-defined visit fees will not be refunded. Provision of any Estimate implies no future by The Company commitment to install a stove or to undertake associated works.

(g) Estimates:

1.          Estimates are always by printed document, accompanied by these Terms & Conditions, sent through the postal systems. The Company does not offer Estimates by email or verbally other than as approximations to be confirmed in writing

2.         Repairs and rectifications Estimate visits will be charged at minimum £45 @ £45 per hour and a mileage charge of £1 per mile, one-way will apply. Dangerous installations will be issued a HETAS Warning Certificate.

3.         New Installation Estimate visits cost £1 per mile one-way, minimum £25 per fireplace where a chimney exists - where there is no chimney, the fee is minimum £45. Such fees may be varied by The Company as prior notified to Customers.

4.          Estimates are open for acceptance for twenty-eight days during and after which the Company reserves the right to modify or withdraw the same. The Company only ever issues Estimates, and never Quotations.

5.         Provision of an Estimate does not commit the Company to supplying goods or providing Services to the Customer. The Company never offers Quotations to Customers due to the variable nature of the works potentially involved.

6.         Estimates are offered for guidance of the Customer and the Company’s Representatives. Estimates must not be shown/copied to Other Suppliers without the express written permission of The Company.

7.          Estimates may summarise situations and omit issues that are unknown at the time of the Estimate and so must not be taken as fully definitive of the work necessary or of the total chargeable costs.

8.         Any estimates, pamphlets and publications produced by the Company are generic indications and neither for the specific guidance of Customers nor for Other Suppliers, nor for comparative pricing.

9.         Estimates will specifically include the known and priced tasks to be undertaken by the Company. Anything not expressly included in the Estimate must therefore be considered “Extras”.

10.        Variations to the Estimate determined by the Company or requested by the Customer will result in written Estimate Variation dockets being presented for Customer authorization – some may be unavoidable once work commences.

11.         Any new or changed legislation arising after an Estimate and affecting legal completion of an Installation shall be considered “Extras” e.g. VAT rates, Air-vents & Carbon Monoxide alarm regulations.

12.        The Customer is solely responsible for ensuring compliance with Planning or Listed Building Regulations, and for confirming such compliance to The Company in writing. No responsibility for Customers’ failure attaches to The Company.

13.        The Customer in receiving these Terms & Conditions accepts any and all legal and financial ramifications resultant from Customer’s failure to comply with any and all applicable local authority regulations and sign-off requirements.    

14.         For Customers’ information, the Company’s HETAS Registration reference is #1413 and the Company’s HETAS engineers are trained, certificated and registered with HETAS.

h) Payments

1.          Servicing & Existing/Old  Stove Assessment: Each visit Minimum £45 for up to 1 hour on site, then £45 per hour plus all parts & materials. Technical Reports: £80 per hour minimum £240 plus costs. Legal Reports: £200 per hour Minimum £2000 plus costs. Travel, on-site, research & write-up times are chargeable at these various rates at the discretion of The Company.

2.         Full payment for a stove under a separate contract is typically required before setting any Installation dates. Special order stoves may be subject to manufacturers’ delivery delays of between 14 days and 3 months.

3.         When no stove is bought from the Company, 50% of the Estimated fitting cost is due before setting the Fitting Date. The Balance plus any “Extras” is immediately due on delivery or completion.

4.          The Estimated charges for Installation plus any extras arising during Installation, to be paid in full when installation is complete, before the Company’s installer leaves the Customer’s premises.

5.         Any levies or variations in taxation imposed by the Government or any other Authorities after the Estimate but prior to Installation will be added to the final invoice.

6.         Where an Installation proceeds by Stages, full payment is due on request by The Company at the completion of each Stage as defined in the Estimate.

7.          The presence of any alleged defect does not constitute a reason for withholding any payment. Any costs of pursuit of the Customer incurred by The Company for outstanding payments will be charged.

8.         The Company will seek to agree to and/or rectify any potential issues with the Customer post-an-installation, only provided that all payments due to date have been made to the Company.

9.         Unresolved issues between the Company and the Customer shall be settled through the “HETAS arbitration scheme” and/or the “WSCC Buy With Confidence” mediation scheme.

10.        Interest is due on all unpaid invoices and will be charged as a penalty payment of £150 plus 5% per month or part-month over the annual base rate per annum for the time being of the Company's bank.

11.         Until payment has been made, any dishonoured cheque will attract a penalty payment of £150 plus 5% per month or part-month over the annual base rate per annum for the time being of the Company's bank.

12.        There is no exception to the Interest due and penalty payment clauses above and this condition will be rigorously enforced in English Law.

2. PERFORMANCE

The Customer

(a) Agrees to give free and unrestricted access at reasonable times to the Company's Representatives to carry out necessary surveys and works relating to the installation. Unless the Customer notifies the Company in writing at the date of order that he requires delivery or installation after a certain date and the Company accepts, the Customer is obliged to give access to the Company, or accept delivery within 28 days of the agreed Fitting date. In the event of such access not being given, then at the entire discretion of the Company, the Company may treat the Contract as at an end upon the Customer's Breach, and seek to recover damages that may amount to the full Estimated price plus legal expenses.

(b) If problems of a structural nature become apparent, which were not be foreseen by the Company's Representatives, then the Company shall have the right to call in suitably qualified professionals to advise on the problem and report in writing with recommendations; such recommendations to be implemented by the Company or by Other Suppliers to the Customer and solely at the Customer's expense, as soon as possible, to enable the Company to proceed safely with its work.

The Company

(a) undertakes to use its best endeavours to adhere to any delivery period discussed with the purchaser, but time shall not be of the essence of any Contract and the Company shall not be liable in respect of any delay in installation caused by reasons beyond the Company's control; nor for any consequential loss, resulting there-from. If work is not completed within the delivery period stated in the Contract, the Customer may serve notice on the Company in writing, requiring that the work be completed within such an extended period as the Customer may specify: in general, the Company would accept 28 days as being reasonable, with the proviso that the Estimate may be varied by the Company.

(b) If the work is not completed by the Company within such extended 28 days, the Customer may cancel the uncompleted work covered by the contract, without penalty to the Customer, by the service of a written notice to that effect on the Company by the 28th day. Any Customer payments for goods and services to-date will be retained by the Company.

Other Suppliers of Goods & Services

(a) The Company under no circumstance refers or recommends Customers to any Other Suppliers for goods or Services.  Information concerning other companies whose services have been used by other Customers is to be taken as hearsay.

(b) The Company in no way recommends or endorses the Customer’s involvement with or direct employment of anyone other than HETAS-registered representatives of the Company for solid-fuel heating-related works.

(c) The Estimate may outline tasks to be undertaken other than by the Company. These may include but not exclusively, Asbestos related works, Gas, Oil, Plumbing, Plastering, Electrical, Survey, Structural and other Construction works.

(d) The works to be undertaken by other suppliers will not be detailed or Estimated by The Company and must be specified and agreed between the Customer and Other Suppliers in accordance with all relevant regulations.

(e) The Company shall be in no way held responsible for the thoughts, words, deeds or omissions of other equipment or materials’ suppliers, or other services’ suppliers.

(f) At all times, legal responsibility for verification of the necessary qualifications and quality of other equipment, materials or Other Suppliers shall reside solely with the Customer.  

(f) Where non-HETAS full or partial installations are planned, the prior approval, on-going supervision and final sign-off must be by a Local Authority Building Control Officer (BCO).

(g) UK Solid Fuel “Dry-System” installations must be undertaken by HETAS fitters working for and registered to another HETAS Registered Company, or the work must be done under BCO supervision

(h) UK Solid Fuel “Wet-Side” standalone and integrated systems are not installed by the Company. HETAS Engineers are required, or the work must be done under BCO supervision.

3. MATERIALS

(a) All materials supplied and/or fitted by the Company will comply with HETAS recommendations & BS/EN specifications, being of good quality and suitable for use under those recommendations.

(b) Minor blemishes & imperfections in goods and materials that do not impede performance or safety are in the nature of stoves & chimney parts, and are not covered by any warranty. This does not affect your statutory rights.

(c) Despite the Company’s best endeavours installations may not be aesthetically perfect due to peculiarities and dimensions in fireplaces, stoves, chimneys, hearth and building design, construction and associated defects.

(d) The Customer accepts that unavoidable compromises may be necessary during installation placing Building Regulations and HETAS standards above minor aesthetic considerations.        

(e) Until full payment has been made to the Company, all materials shall remain the property of the Company.

4. REGULATIONS

(a) All Materials supplied by The Company will comply with HETAS & Building Regulations. Installations will comply with HETAS & Building Regulations, cosmetic considerations excluded.

(b) HETAS Certificates of Compliance with Building Regulations will only issued once full payment has been received by the Company. The Company may not and will not sign off works other than its own.

(c) When the Company detects faulty or illegal installations that cannot be remedied immediately, the Customer will be asked to sign an acknowledgement document that the faults have been notified to the Customer.

(d) The Company may with a Customer’s approval mark defective installations with a WARNING label, but will always record the defects in a HETAS WARNING form, and issue an Initial Estimate for rectifications works seen as necessary

5. WARRANTY

(a) Warranty exclusions apply to service-replaceable stove and flue parts including door and glass seals, glass, grates, fuel retention bars, ash-cans, register plates, sweeping accesses and seals, stove linings, dampers, closing plates, flue outlets, baffles, tools, door seals and door latches and to any part of the stove or chimney damaged by excess heat, chimney-fires, abuse, misuse, water-damage or adverse weather.

(b) The Company undertakes to repair or replace, free of charge, any materials proven defective as a result of faulty manufactured materials, excluding labour charges. The Company’s workmanship warranty is 12 months from Installation date.

(c) Interference with or modification to the Installation if undertaken by other persons, including damage due to accident or misuse and faults or premature deterioration resulting from misuse or abuse or the use of inappropriate & damp fuels invalidates any warranty on stoves & chimneys. The Company may at its sole discretion decline to service or repair stoves & chimneys so-disturbed, or to make significant extra charges for rectification and/or replacement.  

(d) Customers’ failure to correctly use and maintain Stoves and Installations are excluded from Warranty. The Company may increase the charges for service calls of this nature, or may refuse to rectify such related issues.

(e) The Company will assist Customers attempting redress from Manufacturers for rectification charges, but those charges remain due to the Company on demand and are payable by the Customer to the Company regardless of outcomes.

(f) Warranty facilities offered by the Company apply only to the original Customer and are neither extendable nor transferable to any other party under any circumstances.

6. ACCEPTANCE & CANCELLATION

(a)The Terms & Conditions shall not be construed so as to unfairly limit the statutory rights of Customers whose acceptance of an Estimate implies full acceptance of these Terms & Conditions

(b) Purchase Contracts for stoves are made only at the Company premises. Contracts for Installation based on Estimates are agreed only at the Company premises as described in writing in the Estimates.

(c) If a contract is cancelled by the Customer, then at the discretion of the Company upon the Customer's Breach, the Company may seek to recover reasonable damages as a penalty.

(d) If the Company, at the Company’s sole decision, cannot complete an installation due to building structure issues, then any pre-payments will be refunded to the Customer in full.

(e) Cancellation by a Customer with or without penalty may be achieved by written notice by Recorded Delivery to: 44 Pondtail Road, Horsham, West Sussex RH12 5HR.

(f) These Terms & Conditions shall not be construed to affect the statutory or common law rights of the purchaser or the Company.

(g) Submission of an Estimate or a visit report to a Customer by the Company in no way expresses or implies commitment that the Company will ever agree to undertake the work.

(h) TheTerms & Conditions are displayed in Company premises, are available on The Company website, are attached to all paper & email correspondence and are specifically called to Customers’ attention.

© IAN AIRD –1986-2013