Any mistakes or typographical errors are not reasons to lodge complaints. Every order is subject to the following sales conditions.
Prices shown are inclusive of vat, the company reserves the right to modify prices, general sales conditions at any time without prior notice.
All orders are subject to the Company’s approval and are completely and tacitly subject to the following sales conditions. The order is confirmed at the prices shown in the catalogue. Modifications to orders communicated verbally and/or by phone, must be confirmed in writing by the customer. A customer cannot cancel an order without the agreement from the company; the company reserves the right to apply applicable charges. The minimum purchase order is £100.00 excluding vat, orders under this value will be charged a carriage fee.
The company shall endeavour to deliver the goods by the date quoted for delivery, but such date is not guaranteed. The date quoted shall be extended by a reasonable period if there is a delay caused for any reason beyond the reasonable control of the company.
All products are packaged by fully trained, professional warehousing staff and leave the premises in perfect condition for delivery. As such Euro Heating declines all responsibility for damages arising from mishandling during transit.
Whilst the majority of Euro Heating products are compatible with UK specifications, care should be taken on product selection prior to ordering to avoid problems arising from installation issues. Euro Heating reserves the right to make technical changes to products at any time and modify or cancel models. Details and dimensions are approximate; therefore we advise no pre drilling to fit products before delivery. Euro Heating will not be held liable for fitting issues that arise if drilling is attempted before the product is received.
6. Payment Terms
The buyer shall pay the price of the goods not later than the end of the next calendar month following the date of invoice relating to the goods. All payments shall be made in full, without deduction in respect of any counter claim. If the buyer fails to comply strictly within the company’s terms the company shall be entitled to: Cancel the contract or suspend any further deliveries to the buyer, any sum remaining outstanding after the company’s terms, will be considered overdue and will attract interest payable to the company at the rate of 5% over Barclays bank base rate, until payment is received.
7. Property Rights
Until Euro Heating has received full payment for goods the goods will remain the exclusive property of Euro Heating.
8. Company’s Liability
8.1 Nothing in these Terms shall exclude or restrict the Company’s liability
(a) For death or personal Injury resulting from the Company’s negligence or (b) For fraud or fraudulent misrepresentation or
(c) Under Section 2(3) Consumer Protection Act 1987 or
(d) For any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.
8.2 The Company warrants that, subject to the other provisions of these Terms, upon Delivery:
(a) The Goods will be of good materials and workmanship
(b) the Goods will be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and a person authorised to sign on behalf of the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Company.
8.3 In this Clause “the Defect” shall mean the condition and/or any attribute of the Goods and/or any condition or circumstance arising from any service provided by the Company and/or any other circumstances which but for the effect of these conditions would have entitled the Buyer to damages.
8.4 The Company shall not be liable for a breach of any of the warranties in Clause 8.2:
(a) Unless the Defect is discovered within 7 days of the date of Delivery and the Company is given written notice of the Defect within 7 days of it being discovered
(b) The Buyer makes any further use of the Goods after giving notice of the Defect to the Company
(C) If the Buyer fails to adhere to the terms of payment set out in the Terms
(d) Unless after discovery of the Defect the Company is given a reasonable opportunity to inspect the Goods before they are used fixed or in any way interfered with and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s premises at the buyer’s cost for the examination to take place there. If following such inspection by the company the company accepts that the goods do have a defect the company shall refund to the Buyer the reasonable cost incurred in returning such Goods to the Company. It is acknowledged that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and this clause shall not apply to any works affecting the goods which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures
(e) If the Defect arises as a result of the Goods being used for a purpose other than that specified to or by the Company
(f) If the Defect arises from fair wear and tear; and/or
(g) If the Defect arises from the Buyer’s negligence, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, storage of the Goods in unsuitable conditions or use of the Goods in abnormal working conditions.
8.5 Subject to Clause 8.4 if any of the goods do not conform with any of the warranties in Clause 8.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall at the Company’s expense return the Goods or part of the such Goods which is defective to the Company.
8.6 If the Company complies with Clause 8.5 it shall have no further liability for a breach of any of the warranties in Clause 8.2 in respect of such Goods.
8.7 If the Goods are supplied manufactured or processed to Information or a design supplied by the Buyer or as approved by the Buyer or any third person nominating or specifying the Goods then:
8.7.1 Subject to Clauses 8.1 and 8.12 the Company shall not be under any liability for damages howsoever caused or under Clause 8.5 of these Terms as the case may be except in the event of:
(a) Fraudulent misrepresentation by the Company
(b) Misrepresentation where the representation was made or confirmed by a person authorised to sign on behalf of the Company
(c) Non-compliance with such Information; or
(d) Breach of a written warranty signed by a person authorised to sign on behalf of the Company that the Goods are fit for that purpose.
8.7.2 The Buyer will unconditionally fully and effectively indemnify the Company against all losses, damages, costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any intellectual property rights of any other person.
8.8 If the Goods are supplied by a reference to Information provided by an authorised person on behalf of the Company then subject to Clauses 8.1 and 8.12 the Company shall not be under any liability for damages howsoever caused or under Clause 8.5 except in the pro portion and to the extent that such damages have resulted primarily from the Company’s breach of contract or negligence.
8.9 The Company will not be liable under Clause 8.8 if material information is withheld concealed or misrepresented by the Buyer.
8.10 Subject to Clauses 8.1 and 8.12 the Company shall not be liable for misrepresentation (unless fraudulent) or in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for:
(a) Any financial loss or any liability the Buyer may have to a third party or any loss of profit, business, contracts, revenues, anticipated saving, reputation or goodwill; and/or
(b) Any special, indirect or consequential loss or damage of any nature whatsoever howsoever caused.
8.11 The Buyer will unconditionally fully and effectively indemnify the Company against all losses damages penalties costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the company in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion to the extent that such losses damages penalties costs and expenses are due to the Company’s negligence.
8.12 Without prejudice to any other provisions of these Terms in any event the Company’s total liability for any one claim or for the total of all claims arising from any one act of default on the Company’s part (whether arising from the Company’s negligence or otherwise) shall not exceed the amount of the Contract price.
8.13 The Contract contains the entire agreement between the Euro Heating and the Buyer. The Buyer acknowledges that it has not relied upon any statement, promise or representation made or given on behalf of the Company which is not set out in this contract. Except as expressly provided in these Terms and except where the Goods are sold to a Consumer within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law (subject always to Clause 8.1 and save for the Conditions implied by Section 12 of the Sale of Goods Act 1979). Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the consumer are not affected by these Terms.
8.14 Accessory items such as flushing valve, filling valve, diaphragms, flush button, washers, doughnut which are subject to wear and tear and subject to lime scale build up as such are limited to a 1 year guarantee. 48-Hour Delivery Service Orders placed before 4.00pm will be delivered within 48 hours. Guarantee All products are guaranteed for 10 years, which covers all manufacturing defects. This does not cover damage incurred from fitting, wear and tear or misuse. After-Sales Service Our helpful staffs are able to offer advice on any query you may have in connection to installation, maintenance and after care advice.