Terms & Conditions Of Sale
In these conditions:
“The Company” means PW Maintenance.
“The Buyer” means the persons, firm or company entering into the contract with the Company.
“The Manufacturer” means the manufacturer of the goods sold herein.
“The Conditions” means the conditions herein contained relating to the sale of the goods.
“The Contract” means the contract between the Company and the Buyer, created upon acceptance of the Buyer’s order.
“The Goods” means the goods supplied hereunder in accordance with the order.
“The Order” means the order placed by the Buyer, based on the Company’s quotation.
“The Courier” means the appointed delivery agent either by The Manufacturer or by The Company.
“The Quotation” means the quotation provided by the Company to the Buyer either in writing or taken from The Website.
“The Website” means www.pwmaintenance.co.uk and www.warmairheaters.com
(a) Quotations for and acceptance of all orders are subject to these conditions and shall govern the contract to the exclusion of all other terms and conditions. The Buyer shall be deemed to have accepted these conditions on placing the order.
(b) No addition to or variation from these terms and conditions shall have effect unless the same are expressly accepted by the Company in writing under the hand of a director of the Company.
(c) The conditions represent the entire agreement and understanding of the parties and supersede (or take preference) any prior agreements, representations, undertakings or terms and conditions of The Buyer. Should The Buyer place The Order with The Company and The Buyer has any Conditions, these are automatically superseded by The Conditions of The Company upon placing The Order and The Buyers Conditions would not be applicable.
(d) The Buyer will register with The Company when purchasing items using the Company Website and the Buyer is responsible for maintaining the confidentiality of the account username and password and for preventing unauthorised access to the account. The Buyer agrees to accept responsibility for all activities that occur under the Buyers account or password. The Buyer agrees to take all necessary steps to ensure that the username and password is kept confidential and secure. The Buyer should inform us immediately if they have any reason to believe that there username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner.
The Buyer shall ensure the details they provide us on registration are correct and complete and agrees to inform us immediately of any changes to those details (e.g. change of email or postal address). The Buyer can access and update their details using the “Your Account” area of the Company Website.
The Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion.
(f) A standard Health & Safety file including full Risk Assessments, Method Statements & Safe Systems Of Work Are Provided to a standard framework included within out cost. Where a specific customised H&S Package is required, tailored to individual needs, this will be provided upon request. We reserve the right to charge in addition to other quoted works to attend site and complete this specific document.
(a) The price for goods will be as provided in the quotation, and confirmed to the Buyer in the Company’s invoice.
(b) The Company reserves the right to vary from the price quoted to the extent that such variation is required to cover increases in the cost of supplying the goods between quotation and delivery to the Buyer. Prices at the date of delivery shall therefore prevail.
(a) Payment can be made during checkout on The Company website. Secure credit card payments are processed by Worldpay. We accept cheques which should be sent to The Company within 3 days of completing checkout.
(b) All card transactions and cheque payments shall be on a cleared funds basis prior to despatch of any goods by The Company to The Buyer.
(c) All prices quoted are exclusive of VAT and generally include carriage charges to mainland UK only.
(a) The appointment of carriers is at The Manufacturers sole discretion unless the Buyer indicates otherwise before Quotation.
(b) All reasonable efforts will be made by the Company to fulfil delivery dates provided that reasonable notice of such date is given by the Buyer. Time is not of the essence in the contract.
(c) All items must be inspected by The Buyer before accepting from the courier. Damaged or incorrectly supplied items should not be accepted from the courier. Claims are not accepted for items found to be damaged or missing once signed for from the courier. No delivery may be accepted or signed for by a person under the age of 18 years.
(d) The Company may at its discretion consider repair or replacement of goods damaged or lost in transit where delivery is made by the Manufacturer’s carrier providing written notice of such damage or loss is provided within 24 hours by the Buyer.
(e) No delivery may be accepted or signed for by a person under the age of 18 years.
(f) The Company has a cut of time of 12:00 (noon) for delivery arrangement. Orders placed after this time may not be processed until the following day. Although The Company may attempt to deliver The Goods to The Buyer “Next Day”, The Company accepts no loss or liability whatsoever if The Goods are not delivered on time.
(g) The Company accepts no liability whatsoever where goods are delivered late or lost by The Courier, if The Buyer is not available to accept delivery of the goods or if The Courier is unable to find The Buyers appointed delivery address.
6. RISK AND PROPERTY
(a) Risk in the goods passes on delivery.
(b) Title in the goods will not pass to the Buyer until payment in full of the invoice.
(c) Where the Buyer sells goods on to a third party title will pass immediately before the goods are delivered to such third party.
(d) Where goods are attached to, or incorporated in other goods, or altered, title will not pass by virtue of such attachment or alteration, where the goods can be detached or removed.
(e) The Buyer is required to store the goods supplied separately from any other goods in its possession until title has passed in accordance with sub-paragraphs (b) and (c) above.
(f) If the Buyer is overdue in payment for the goods or other goods supplied by the Company, the Company may recover and sell the goods. The Company shall be entitled to take possession of the goods and is hereby granted licence to enter the Buyer’s premises for such purpose and may, if necessary, detach or remove the goods from other goods or equipment. This will not affect any other right the Company may have against the Buyer.
(g) Until payment for the goods and all other goods which are supplied under these conditions:
(i) The Buyer shall hold the goods upon trust for the Company.
(ii) If the goods are sold the Buyer shall hold the proceeds of sale on trust for the Company in a separate bank account specifically designated for this purpose.
(iii) The Company reserves the right to trace the proceeds of sale received into any bank or other account which the Buyer maintains.
(iv) If the goods are sold the Company may by written demand require an assignment of the Buyer’s right to recover the price from any third party.
(v) If the Buyer incorporates the goods into, or uses the goods for manufacture of other goods, before payment in full of the price, the Company shall be entitled to take possession of the new goods and is hereby granted a licence to enter the Buyer’s premises for the purpose of recovering the new goods. The Company shall be entitled to sell the new goods (subject to any third party rights therein) and shall retain from the proceeds of sale the amount outstanding to the Company for the goods and pay any balance remaining to the Buyer.
7. WARRANTY AND LIABILITY
(a) Subject to the conditions set out below, the Company warrants that the goods will be free from defects in material and workmanship for a period of 12 months from the date of delivery and shall replace or repair any goods which the Buyer proves to the satisfaction of the Company to be faulty in accordance with this condition. The warranty on The Goods is provided directly by The Manufacturer to The Buyer. The Buyer agrees to communicate directly with The Manufacturer to arrange for the equipment to be repaired or replaced in the event of a fault developing. The Company may assist The Buyer in making a claim from The Manufacturer under warranty provided by The Manufacturer for repair of The Goods. The Company will cover all labour costs of replacing faulty items for the first thirty days from date of delivery or installation (whichever is sooner) to The Buyer. Any labour charges or attendance fees or other charges imposed by The Manufacturer or The Company to attend site to replace items after this thirty day period shall be paid for in full by The Buyer, unless a specific Parts & Labour warranty has been agreed in writing prior to delivery of The Goods to The Buyer.
(b) The warranty given in paragraph (a) is subject to the following conditions.
(i) The Company shall be under no liability in respect of any defect in the goods arising from any specification of the Buyer provided in its order or any tender.
(ii) The Company 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 Manufacturer’s instructions, misuse or alteration or repair of the goods without the Company’s written approval.
(iii) The Company shall be under no liability under the above warranty if the total price for the goods has not been paid by the due date for payment.
(iv) The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee provided by the manufacturer thereof to the Company.
(v) The above warranty shall become immediately invalidated where goods sold by the Company to the Buyer are not installed by a suitably qualified Gas Safe registered engineer or a suitably qualified Oftec registered engineer.
(vi) The Buyer shall retain all commissioning documentation issued to them by the Gas Safe or Oftec engineer and it shall be made available to the Company or Manufacturer upon request. Failure to produce such commissioning documentation shall void the above warranty.
(vii) The Buyer shall ensure that the goods are fully inspected, serviced and tested by a suitably qualified Gas Safe registered engineer or a suitably qualified Oftec registered engineer on an annual basis and maintain all service records and receipts issued to them by the Gas Safe or Oftec engineer and it shall be made available to the Company or Manufacturer upon request. Failure to produce such service documentation shall void the above warranty or any extensions to the above warranty.
(viii) Where the Manufacturer offers a warranty period of a duration longer than 12 months, this additional warranty period will provided by the Manufacturer and not the Company.
(ix) The warranty on new heating equipment plant is provided by the manufacturer to The Buyer directly.
(c) Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are expressly excluded to the extent permitted by law.
(d) Except in respect of death or personal injury caused by the Company’s negligence (or implied under the Consumer Safety Act 1987) the Company shall not be liable to the Buyer by reason of any representation, implied warranty, condition or other term or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever arising out of the supply of goods and the Company’s liability for direct loss (otherwise than for death or personal injury) shall be limited to the value of the invoice for the contract.
(e)Where products are exported from mainland UK to any other destination including Ireland, The Company will not be responsible for any warranty claims for The Goods and as such The Company absolves itself of any liability whatsoever when The Goods leave mainland UK. The Manufacturer may have a service agent in The Buyers local country and they should be approached for assistance. Should The Buyer employ a local engineer and spare parts are required for the unit, The Company will assist in shipping those parts from The Manufacturer to The Buyer, shipping paid by The Buyer. The Company will not be liable for any costs whatsoever incurred by The Buyer in fitting these parts or diagnosing any problems with The Goods.
(f)Where access to goods supplied by The Company to The Buyer requires access equipment (scaffold tower, mobile elevated work platforms), The Buyer agrees to cover all costs of such access equipment in the event it is required to repair / replace any equipment covered by any warranty. The Company will not be liable for any costs for access equipment and The Buyer agrees to indemnify The Company against all such costs.
(g)Where The Company agrees to modify any existing flue systems or connect new equipment to any existing flue system, The Company can accept no liability whatsoever for the existing flue system. Whilst great care will be taken by The Company, it is common for existing flue systems to leak when disturbed. The Buyer agrees to cover any additional costs to existing flue systems in all cases.
The Company shall levy a storage charge to the Buyer for all goods stored by the Company within 1 month of the following;
(a) the Buyer failing to collect any goods from the Manufacturer’s premises following written notification of availability for collection;
(b) the Buyer failing to take delivery of the goods or failing to make arrangements for delivery upon written notification of readiness for dispatch.
(a) The Company may accept returns for refund on most items within 14 days of receipt of the goods, provided they have not been opened, used or installed. The Company will not accept the return of any goods without its prior written consent or where a valid returns authorisation number is not clearly marked on the packaging.
(b) Where such consent is provided in all cases all costs of the return are the responsibility of the purchaser and they should ensure that all items are adequately covered for insurance against loss or damage during return transit. The Company is unable to refund carriage charges on any returned items unless faulty.
(c) Credit for goods returned will be provided by the Company at the goods resale value, less a handling fee of 20%, provided that the goods are returned in a condition suitable for resale.
(d) The Company may refuse any returns where the Buyer has ordered the inappropriate or excess goods and where the goods are in working order.
(e) The Company may arrange for the Manufacturer to attend the Buyer’s premises to repair / modify any faulty goods and the Company and Manufacturer is hereby granted a licence to enter the Buyer’s premises for the purpose of repairing such goods.
(f) The Company will not accept returns for The Goods (Electrical Equipment / Component) unless Faulty. The Company may return The Goods (Electrical Equipment) returned to The Company to The Manufacturer for testing before crediting The Buyer for The Goods. Should The Manufacturer discover that The Goods have been damaged by The Buyer, The Company shall not be required to credit The Buyer for The Goods. The Company would provide The Buyer with details supplied to The Company from The Manufacturer as proof.
(g) The Company will not accept returns for any special order and none stocked items such as heaters, fuel oil tanks, fans etc which are all made to order.
(h) To cancel an order, please telephone us on 0845 557 8085. Where a product has already shipped and a return is possible, the buyer agrees to cover all costs including any handling / re-stocking charges which may apply
The Manufacturer may make such alterations or modifications as it deems necessary to the goods or their manufacture without notice to the Buyer from time to time.
11. LABOUR (Service / Breakdown)
(a) Where The Company agrees to provide labour to The Buyer, The Buyer agrees to pay all reasonable travel & labour charges to The Company in the event of The Company not being able to perform this task due to circumstances beyond its control or caused by The Buyer.
(b)Should The Company provide labour to The Buyer and discover that The Buyer has ran out of fuel / oil, The Buyer shall pay travel and labour time to The Company to cover the cost of diagnosing the fuel shortage, and any subsequent return visits to site following a fuel deliver would be charged in addition by The Company to The Buyer.
(c)Should The Company provide labour to The Buyer, and The Company discovers faults to The Buyers equipment which contravene Regulations, The Company would be unable to complete any agreed works until the equipment fully complies with Regulations. The Buyer shall pay travel and labour time to The Company to cover the cost of discovering such defects which contravene Regulations, and any subsequent return visits to site and materials used would be charged in addition by The Company to The Buyer.
(d)Should The Company provide labour to The Buyer, and The Company discovers The Buyers equipment requires the supply and installation of Spare Parts, The Buyer shall pay travel and labour time to The Company to cover the cost of diagnosing The Buyers equipment, and any subsequent return visits to site and materials used would be charged in addition by The Company to The Buyer.
(e)Should The Company require Access Equipment (Boom Lift / Scissor Lift / Scaffolding), the costs of the Access Equipment are charged by The Company to The Buyer in addition to any agreed labour charges and materials used. Should The Buyer cancel or re-arrange for The Company to attend The Buyer’s site and The Company is unable to cancel any such pre-arranged Access Equipment, or The Company has to pay a Cancellation Charge for such Access Equipment, The Buyer agrees to indemnify The Company in full.
(f)Should The Buyer agree to provide Access Equipment for The Company to use whilst on The Buyers Site, and this Access Equipment does not arrive, is not as specified, agreed or arranged, breaks down during use or is deemed unsatisfactory under Health & Safety Regulations, The Buyer shall pay travel and labour time to The Company to cover the cost of attending site, and any subsequent return visits to site and materials used would be charged in addition by The Company to The Buyer.
(g)Where The Company agrees a date and time to attend The Buyers site and is unable to attend, The Company accepts no liability whatsoever for being unable to attend for whatever reason. Time is not of the essence in the contract.
All notices to be given under the contract shall be given by prepaid first class post, email from the Company Website to the Buyer email address registered with the Company Website or facsimile to the registered office or principal place of business of the party to be notified and shall be deemed to have been delivered if by letter at the expiration of 48 hours after posting, within 4 hours if not returned by the Company Website Email Server and if by facsimile on receipt.
Without prejudice to any other remedies the Company may have against the Buyer. The Company may terminate the contract on notice to the Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for, in accordance with paragraph 6 hereof.
14. FORCE MAJEURE
The Company shall be entitled to cancel the contract or reduce the quantity of goods to be provided if it is prevented from providing the goods through any circumstances beyond its reasonable control including (but not limited to) goods not available from the Manufacturer, industrial action, war, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising there from.
15. GOVERNING LAW
The contract shall be governed by English law and subject to the exclusive jurisdiction of the High Court in England.