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1.
BASIS OF THIS CONTRACT
1.1
In these terms “The Company”
means The Beacon Fireplace
Company Limited of 26 London End, Old Beaconsfield, Buckinghamshire
HP9 2JH (“The Premises”) and the “the Buyer” means any person
placing an order with the Company for the purchase of goods (“Goods”).
1.2
A contract under which the Company
shall sell goods to the Buyer shall only come into existence once
the Company has received a 40% deposit and accepted the Buyer’s
order for goods.
1.3
The contract comprised by these
terms shall comprise the entire contract between the Company and
the Buyer (“the Contract”).
a)
Any other terms, conditions or provisions whether proposed by the Buyer
orally or in writing shall be of no effect and the sale of Goods
by the Company to the Buyer shall not constitute acceptance of
such terms, conditions or provisions.
b)
Unless specifically agreed in writing and signed by a director of the
Company, information and advice given orally or contained in the
Company’s publicity material, advertisements and catalogues and
in correspondence between the Company and the Buyer before the
date of the Contract is given gratuitously and without responsibility
on the part of the Company and shall form part of the Contract.
c)
Unless stated in this Contract or expressly agreed in writing and signed
by a director of the Company, no term, condition, warranty or
representation (whether express or implied by status, law, custom
or usage) as to the nature, quality or fitness of the Goods or
their conformity with any description or sample is given by the
Company, or shall form part of any contract between the Company
and the Buyer.
d)
The terms of the contract shall override and supersede any previous negotiations,
agreement or arrangement between the Company and the Buyer in
relation to the supply of Goods.
e)
Unless the Company otherwise agrees in writing the terms of the Contract
shall apply to all future agreements for the sale of goods or
supply of services from the Company to the Buyer.
1.4
The Buyer warrants it has not
been induced to enter into this Contract by any representation
other than one made by a director of the Company in writing and
only such a representation in writing by a director shall bind
the Company.
1.5
A variation to this Contract
shall only be binding on the Company if it is in writing and signed
by a director of the Company.
The Company may engage sub-contractors to perform any part
of this Contract.
2.
PRICES
2.1
The Company will endeavour to maintain the prices shown on the current
Price List, but the Company shall have the right to increase prices
to reflect any increase in its costs resulting from:
a)
Any alteration in or addition to the Buyer’s requirements.
b)
The Buyer’s instruction or lack of instructions.
c)
Any interruptions, delays or additional or overtime working arising from
causes which the Company is not directly responsible;
d)
Any increase in (or new) tax, duties or levies (including VAT) imposed
on the Goods;
e)
Fluctuations in foreign exchange rates.
2.2
The prices do not include any applicable VAT or other duties or taxes
which may be chargeable in connection with the supply of Goods to the Buyer which the Buyer shall pay in
addition to the price. The
Company shall have the right to invoice the Buyer in respect of
a partial delivery of the Goods.
3.
PAYMENT
3.1
The Buyer must pay for the goods in full before the order can be processed
(the goods can be inspected at the Company’s premises) and arranging
the date for delivery, installation or collection.
3.2
Any deposit so paid shall for the avoidance of doubts, be non-returnable.
(If full payment is not made on the due date – see paragraph
5 below – then interest shall thereafter be payable on the outstanding
balance at the rate of 2% above HSBC’s minimum lending rate).
3.3
The Buyer shall not be entitled to withhold payment of any invoice by
reason of any right or set off or any claim or dispute with the
Company, whether relating to the quality or performance of the
Goods or otherwise.
3.4
The Company’s request shall be held by the Company as a deposit and not
a part payment. The Company
shall have the right to suspend performance of its obligations
under this Contract if it reasonably believes that the Buyer will
not make payment in accordance with paragraph 4.
3.5
The Company terms the due dates as the date which precedes the arranging
of an installation, delivery or collection. This date must in all instances be a minimum
of 10 working days prior to the actual date for installation,
delivery and collection.
4.
DELIVERY
4.1
Dates and times given for completion or delivery of Goods or of any stage
or process are given as estimates only.
The Company will endeavour to meet any time estimate, but
reserves the rights to amend any estimate and will notify the
Buyer of such amendment where practicable.
The Company shall not be liable to the Buyer for loss or
damage resulting from failure to meet a date or time estimate
from any cause, including negligence.
4.2
If this Contract is for the delivery of Goods by instalments then failure
by the Company to deliver one or more instalments shall not entitle
the Buyer to claim compensation or to terminate or suspend this
Contract and/or reject those or subsequent deliveries.
4.3
It shall be the responsibility of the Buyer to examine the goods on delivery
and notify the Company of any defects at the time of delivery. If the Company does not receive such notice
within three working days it shall be discharged from all liability
(whether arising in negligence or otherwise) arising from short
delivery of such defects.
4.4
If the Company agrees to delivery (or to arrange delivery of) the Goods
to a place nominated by the Buyer, delivery shall be effected
when delivery is tendered there during normal working hours and
suitable assistance given to the delivery driver on large or heavy
items.
4.5
If the Buyer does not accept delivery of the Goods in accordance with
this paragraph 4, the Company may arrange for the storage of the
Goods on the Buyer’s behalf but without liability for any loss
or damage occurring after the agreed delivery date.
The Buyer shall, in addition to the price, pay on demand
all reasonable charge for storage, insurance and transport occasioned
by its failure to take delivery.
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4.6
The Company shall not (unless the Goods are collected by the Buyer from
the premises) be liable for any shortage on receipt by the Buyer
or (in the event) for any loss or damage caused to the Goods while
in transit.
The Buyer shall carefully examine the Goods on the
Company’s premises and shall immediately notify the Company of
any defects reasonably discoverable on careful examination. If the Company does not receive such notice
it shall be discharged from all liability (whether arising in
negligence or otherwise) arising from short delivery of such defects.
5.
DEFECTS
5.1
The Goods shall remain
the property and in absolute ownership of the Company until the
Buyer has paid in full all amounts owed by the Buyer to the Company
(including VAT) whether in respect of the Goods or otherwise.
5.2
The risk in the Goods
shall pass to the Buyer on delivery to or collection by the Buyer
or the Buyer’s agent notwithstanding that the property in the
Goods, remain with the Company.
6.
MATERIALS USED
6.1
Where materials or other
Goods are installed by the Buyer, this must be carried out in
accordance with the Company’s fitting instructions and, in particular,
since dry timber will be affected by moisture, mantels and other
Goods must not be in contact with plaster or walls which are not
completely dry.
6.2
Marble, stone, wood,
slate and granite being natural products, cannot be guaranteed
for continuity of appearance, but the Company exercises due care
in the selection and arrangement of such materials for each order. Unavoidable variations from the samples of
marble, stone, wood, slate or granite provided may occur in respect
of colour, grain, shade or veining during the course of developing
a quarry, but the Company guarantees that the material supplied
under this Contract will be specified trade variety.
6.3
Most coloured marbles
are inherently unsound, which may vary from slight cracking and
shakiness in some varieties to extensive open brecciation in others. All natural materials are sold subject to
such usual defects and will be stopped and repaired by the Company
as is necessary and customary prior to delivery.
The Company cannot be held responsible for faults, which
develop or evidence themselves in marble, wood, slate or granite
after delivery.
7.
ANTIQUE MATERIALS
7.1
These are purchased as
seen and the Buyer should inspect such mantels for any defects
associated with their age or otherwise prior to delivery, collection
or installation. The Company
accepts no responsibility for such defects and cannot undertake
to remedy defects after delivery, collection or installation.
8.
CHIMNEY
SWEEPING
8.1
Before installation can
proceed any chimney to be used for Solid Fuel or a Gas Effect
Fire (Class 1) should be swept and smoke tested (for Gas Effect
fires this should be to BS 5440 and for Solid Fuel BS 6461) in
accordance with Approved Document J, Building Regulations 2002.
8.2
Unless otherwise agreed,
the Buyer should make their own arrangements
for the sweeping appointment.
8.3
The sweep will ascertain
the maximum working opening size for your flue and confirm that
it is a Class 1 flue confirming to BS 5871 Part 3 for Gas and
BS 6461 for Solid Fuel.
8.4
Their report will have to be copied to us
before installation can proceed.
9.
INSTALLATION
9.1
The Company accepts no
responsibility for installation of goods undertaken by any third
parties not recommended by the Company to the Buyer.
9.2
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