Terms & Conditions Of Sale

 1. DEFINITIONS
In these conditions:
“The Company” means Magma Energy Services Ltd.
“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 Quotation” means the quotation provided by the Company to the Buyer either in writing or taken from The Website.
“The Website” means www.warmairheaters.com
2. GENERAL
(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.
(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.
(e) Internet Privacy and Communications. When the Buyer places an order, the Company will collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Statement here http://www.magma-group.co.uk/WebPolicies.html To fulfil the Companies obligations to the Buyer under these Terms and Conditions the Company will communicate with the Buyer by e-mail and by posting notices on the Company Website. The Buyer agrees to receive communications from the Company electronically and that electronic communications will satisfy any legal requirement for communications between the Company and Buyer in writing. The Company privacy policy does not encompass sites maintained by other companies, affiliate sites or those sites who re-direct to warmairheaters.com or magma-group.co.uk. This also relates to sites the Buyer may access or are re-directed to from warmairheaters.com or magma-group.co.uk.
3. PRICE
(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.
4. PAYMENT
(a) Payment can be made during checkout on The Company website. Secure credit card payments are processed by PayPal. 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 include carriage charges to mainland UK only.
5. DELIVERY
(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) The Company will 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.
(d) The Buyer will fully inspect the goods and record any damage on the carrier delivery note before signing that the goods are in good condition. Where damage has occurred “GOODS DAMAGED” must be clearly marked on the courier delivery note.
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 any goods which the Buyer proves to the satisfaction of the Company to be faulty in accordance with this condition.
(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.
(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.
8. STORAGE
The Company shall levy a storage charge to the Buyer for all goods stored by the Company within 1 month of the following;
(i) the Buyer failing to collect any goods from the Manufacturer’s premises following written notification of availability for collection;
(ii) the Buyer failing to take delivery of the goods or failing to make arrangements for delivery upon written notification of readiness for dispatch.
9. RETURNS/CANCELLATION
(a) The Company will not accept the return of any goods without its prior written consent.
(b) Where such consent is provided goods shall be returned at the Buyers expense.
(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 goods and 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.
10. ALTERATIONS/MODIFICATIONS
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. NOTICES
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.
12. TERMINATION
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.
13. 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.
14. GOVERNING LAW
The contract shall be governed by English law and subject to the exclusive jurisdiction of the High Court in England.