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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
Installation of the Fire
Surround is subject to a Technical Survey and includes the following:
Installation of the hearth, rendering of the fire chamber (basket
installation) or back filling of the insert (insert installation),
installation of the surround, installation of 8 mm gas pipe between
the gas fire and the isolation tap adjacent to the fire chamber
(where a gas fire is to be installed), screeding level to the
hearth in the rear of the fire chamber and making good around
the surround to a pre-decorated finish.
9.3
The installer will not
undertake the refitting of carpets or skirting.
9.4
The installer should
be paid following satisfactory completion of all works including
the gas connection, unless otherwise agreed. If you have any complaints relating to the
installation, please contact The Beacon Fireplace Company on 01494
681389.
10.
REMOVAL
OF AN EXISTING FIREPLACE
10.1
Whilst every care and
consideration will be given to an existing fireplace, The Beacon
Fireplace Company cannot be held responsible for any damage during
the removal of the same.
11.
GAS
FIRES AND THEIR INSTALLATION
11.1
Where a Gas Effect Fire
(Class 1) is to be installed, a certificate needs to be issued
by the Chimney Sweep to state conformity to BS 5871 Part 3. A copy of the certificate must be sent to
The Beacon Fireplace Company stating your customer reference number
or Invoice Number at least two weeks prior to the Gas Installation
taking place (in most cases we would have received this prior
to accepting your order).
11.2
If a price is stated
overleaf, it is based on a live Gas Supply being adjacent to the
Fireplace nod terminating in a CORGI approved isolation valve.
11.3
Where a Gas Effect Fire
(Class 1) it to be installed, a CORGI registered installer must
undertake this work. The
Beacon Fireplace Company sub-contracts a CORGI registered installer
who can carry out such work. The
Company can either bill the Customer, or the Customer can pay
the installer direct. The charge for installation of a Gas Effect
Fire (Class 1) is in addition to the cost of installation of the
fireplace.
11.4
Once the Chimneypiece
has been installed to your satisfaction, the gas coal/log effect
fire needs to be commissioned.
The fireplace installer is not able to undertake this himself
so you should call us on 01494 681389 to book an appointment,
and we will aim to install your Gas Fire within 10 working days.
11.5
You will receive a Gas
Safety Certificate upon remittance of the Gas Installation Balance.
12.
AIR
VENTILATION AND BS 5871 Part 3
12.1
Normally appliances covered
by this Standard will require a minim of 100 cm2 of purpose provided
ventilation. However, where
an appliance of not greater than 7 kW input is to be installed,
an air vent may not be necessary.
If two appliances (two gas effect fires with input exceeding
15 kW) are fitted in the same room, the air ventilation requirement
is 230 cm2. It is illegal for a gas fire to be connected
until the purpose provided ventilation has been installed.
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