Terms & Conditions

TERMS AND CONDITIONS OF SALE OF GOODS & INSTALLATION SERVICES

Dated: February 2023


1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply goods and services to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the goods and services to you, how you and we may end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.


2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are? We are Heat Electric Northwest Ltd a company registered in England and Wales. Our company registration number is 08459462 and our registered office is at Unit 11 Elm Court, Newbridge Road, Ellesmere Port, United Kingdom, CH65 4LY. Our registered VAT number is 163904112.
2.2. How to contact us. You can contact us by telephoning our customer service team at 0800 151 0959 or by writing to us at hello@heatelectric.uk or Unit 11 Elm Court, Newbridge Road, Ellesmere Port, Cheshire, CH65 4LY.
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. 
3.1. How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the goods and services, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods and/or services. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods and/or services or because we are unable to meet a delivery deadline you have specified.


4. PRICES AND PAYMENT
4.1. Where to find the price for the product. The price of the goods and/or services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of goods and/or services advised to you are correct. However please see clause 4.3 for what happens if we discover an error in the price of the goods and/or services you order.
4.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods and/or services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect.
4.3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the goods and/or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
4.4. When you must pay and how you must pay. A 50% deposit is payable at the time of order placement and the remaining balance is to be settled in full upon the delivery of the goods or on the agreed day of the installation services, if later. We will do our best to fully complete the installation within the agreed timescales. If we are unable to complete the installation fully within this timescale for any reasons related specifically to functionality of the products being installed or our installation service, you may be entitled to withhold an element of the final balance outstanding. This should be agreed with our installation team or office team and should be proportionate to the amount of work left to do but not exceed 20% of the final balance outstanding. We accept payment by (i) cheque (made payable to ‘Heat Electric Northwest Ltd’); BACS (to Heat Electric Northwest Ltd Barclays Bank Sort: 20-20-46 Account Number: 23918343); or (iii) Mastercard or VISA debit card or credit card.
4.5. We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.6. What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.


5. DELIVERY
5.1. When we will deliver the goods and/or complete the services. We will contact you to agree a delivery date for the goods and to arrange performance of the installation services (if applicable), which will be within 12 weeks after the day on which we accept your order.
5.2. We are not responsible for delays outside our control. If our supply of the goods and/or services is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods and/or services you have paid for but not received.
5.3. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 7 will apply.
5.4. When you become responsible for the Goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
5.5. When you own the goods. You will own the goods once we have received payment in full of the price of the goods and/or services.


6. OUR RIGHTS TO END THE CONTRACT
6.1. We may end the contract if you break it. We may end the contract for goods and/or services at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods and/or services;
(c) you do not, within a reasonable time, allow us to deliver the goods to you; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
6.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1, we will refund any money you have paid in advance for goods and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.


7. IF THERE IS A PROBLEM WITH THE PRODUCT
7.1. How to tell us about problems. If you have any questions or complaints about the goods and/or services, please contact us. You can telephone our customer service team at 0800 151 0959 or write to us at hello@heatelectric.uk or Unit 11 Elm Court, Newbridge Road, Ellesmere Port, Cheshire, CH65 4LY.


8. GUARANTEE
8.1. If we are able to offer a manufacturer’s guarantee on the goods it will be specified on your order form. Your statutory rights are not affected.
8.2. If a fault with the goods occurs within the manufacturer’s guarantee period, we will offer you a prompt repair service. In all cases we reserve the right to inspect the goods and verify the fault.
8.3. Transferring the guarantee. You may transfer our guarantee at clause 11.2 to a person who has acquired the goods or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant goods or property.


9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
9.3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
9.4. We do not include ANY making good to plaster, decoration, paintwork or floor finishes. You will need to contract these services separately.
9.5. If defective digital content which we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. We are not liable for business losses. We only supply the goods and/or services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website located at https://www.heatelectric.uk/privacy-cookie-policy/.


11. OTHER IMPORTANT TERMS
11.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end
the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided].
11.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of our guarantee in clause 11.
11.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].
11.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
11.6. Electrical flex cables can be neatly tacked along skirtings or in conduit, a mini trunking. We do not chase out plaster work.


12. DEALING WITH DISPUTES
12.1. If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation. Either you or we can initiate mediation by giving notice in writing (‘Mediation Notice’) to the other party requesting mediation. Unless otherwise agreed by both parties, the mediation will start no later than 14 days after the date of the Mediation Notice. Neither you nor we shall commence litigation or issue court proceedings in relation to any dispute arising out of this contract unless they have complied with the terms of this clause and then only to the extent that the mediation has concluded without resolution.
12.2. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.

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