Conditions of sale
Terms and Conditions, Returns Policy, and Distance Selling Information
“Seller” means Elite Heaters. “Buyer” means the person, firm or company purchasing the Goods from the Seller. “Goods” means goods or any part thereof to be supplied by the Seller to or for the Buyer.
Making An Online Shop Purchase
Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the contract for the purchase of any item within seven working days, with full refund of any payments made.
PRODUCT WARRANTY INFORMATION
Independent Water Filled Radiators are guaranteed for 24 months if used for proper purpose.
Consort Products are guaranteed for 12 months if used for proper purpose.
Warranty Claims – Products will be repaired / replaced on site, or items may be returnable to Elite Heaters by prior arrangement for assessment. If a Product warranty claim is deemed valid any customer delivery costs will be refunded, the item will then be repaired if possible or an equivalent replacement item will be supplied. * For all items supplied and used outside of the UK * – The Standard Product Warranty applies to items returned and collected from a UK address.
Please note that the buyer will be responsible for the freight costs of returning any unwanted ordered goods to our Lincoln warehouse facility, unless the item (s) were delivered to you in error, or the item(s) were faulty.
Returned goods must be undamaged, and in the original packaging in saleable and unused condition.
Your rights to return goods bought via the Online Shop are protected under the EU Distance Selling Directive. Details can be found by following this link.
Elite Heaters does not disclose buyers’ information to third parties except for delivery purposes.
Information collected at the time of ordering by ourselves is for the sole intention of completing your order.
Data collected by this site is used to:
- 1. Take and fulfil customer orders.
- 2. Administer and improve the website and customer service.
- 3. Elite Heaters only discloses information to third-parties for goods delivery purposes.
1. DEFINITIONS “Seller” means Elite Heaters. “Buyer” means the person, firm or company purchasing the Goods from the Seller. “Goods” means goods or any part thereof to be supplied by the Seller to or for the Buyer. “Order Acknowledgement” means a written acknowledgement of the Goods ordered. “An Act of Insolvency” means in the case of an individual Buyer becoming bankrupt or being the recipient of a statutory demand which is not satisfied within the period specified therein or applying for an interim order within the meaning of the Insolvency Act 1986 and in the case of a corporate Buyer means entering into liquidation whether compulsory or voluntarily (but not for the amalgamation or reconstruction of a solvent company) or having a receiver or administrative receiver appointed or being subject to a petition for the appointment of an administrator or in both cases means entering into any arrangement with creditors or having distress or execution levied on the Buyer’s goods.
2. APPLICATION This Agreement applies to the sale, service and all statements made by the Seller in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by the Seller in writing, any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement, this Agreement does not apply to Goods purchased from a reseller or distributor nor is it a reseller or distribution agreement.
3. QUOTATIONS/ORDERS/CONTRACT Quotations are only valid in writing and during the period stated. If unstated, the period is 30 days. Orders may be received by writing, internet, telephone or fax but are only binding when accepted by the Seller in a written Order Acknowledgement. Please check the Order Acknowledgement and notify the Seller of any mistake in writing immediately or the details stated in the Order Acknowledgement will apply to this Agreement. The Seller reserves the right to change goods at any time and guarantees the Buyer at least similar functionality and performance.
4. PRICE & PAYMENT TERMS Prices, tax, shipment, insurance and installation are as shown on the Sellers invoice; prices exclude VAT unless otherwise stated. Changes to exchange rates, duties, and insurance, freight and purchase costs may cause the Seller to adjust prices accordingly. Payment must be made before supply of the Buyers order or, if agreed, within 30 days of the invoice date. Payment timing is of the essence, the Seller may suspend deliveries or service until full payment has been received. The Seller may charge interest at 4 per cent per month above Bank of England base lending rate for the time being on all overdue accounts and interest shall accrue on a daily basis from the due date for payment. The Buyer waives all rights of set off, statutory or otherwise. No order which has been accepted by the Seller may be cancelled by the Buyer (except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation. If after concluding the contract circumstances come to the attention of the Seller which would in the opinion of the Seller seriously reduce the credit worthiness of the Buyer, the Seller is entitled to require either evidence from the Buyer as to his ability to settle all liabilities owed to the Seller by the Buyer or cash payment in advance, and all money due to the Seller becomes at the Seller’s discretion due and payable immediately, and the Seller is empowered to cancel all supply contracts not yet executed.
5. DELIVERY/TITLE/RISK The delivery period in the Order Acknowledgement is approximate; the Seller shall not be liable for any loss whatsoever or howsoever arising caused by its non delivery on the due date. Delivery will be deemed to have been effected when the Goods are despatched by the Seller, risk of the loss of the Goods passes to the Buyer on delivery. The place of delivery is stated in the Order Acknowledgement. Title to Goods passes on full payment and until that time the Buyer must insure and store Goods separately; the Buyer may not modify, pledge or sell them. Should the buyer sell Goods before title passes, the proceeds of that sale shall be held on the Sellers behalf, separately from the Buyers general funds. The Seller may while owner of the Goods (and without prejudice to any other rights it may have under or by virtue of its contract with the Buyer) demand the immediate return of the Goods are any time and the Buyer shall forthwith comply with such demand and bear the expenses for such return. If the Buyer fails forthwith to return the Goods so demanded by the Seller, the Seller or its successors in title to the Goods and their respective employees and agents may enter onto the Buyer’s premises during normal working hours for the purpose of demanding the Goods (the cost of doing which shall be borne by the Buyer) or may sell or otherwise deal with the Goods.
6. ACCEPTANCE The Buyer is responsible to inspect Goods for defects or non-conformity upon delivery and must report such to the Seller within 7 days. After this period, the Buyer will have accepted the Goods. If the Seller agrees to the return of Goods at its choosing, it must be in its original saleable condition with packaging, a return note and proof of purchase; the return costs will be payable by the Buyer.
7. WARRANTY No representation or warranty or guarantee is given as to the suitability or fitness of the Goods for any particular purpose. Unless otherwise stated, the Seller guarantees to you that Goods will be free from defects for 12 months from delivery and spare parts for 90 days from delivery. Should Goods be defective within this period the Seller will provide replacement parts to enable the Buyer (at it’s own expense) to repair the goods, unless agreed otherwise in writing with the Seller. The seller does not give a warranty guarantee protection for:
it. damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or the Buyer;
ii. damage caused by any party, incorrect electrical installation or any other external force;
iii. fitness for any particular purpose;
iv. any instruction given by the Buyer and correctly performed by the Seller.
8. SERVICES Response times if provided by the Seller or are estimates, and may vary according to the remoteness or accessibility of the Goods. The following are excluded: – work outside local working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, relocation, preventative maintenance & consumables.
9. LIABILITY The Buyer is relying on its own skill and judgement in relation to the Goods irrespective of any knowledge which the Seller or its servants or agents may possess or any representation the Seller or its servants or agents may have made, as to the purpose for which the Goods are supplied or their suitability. Nothing herein contained shall be deemed to exclude or restrict the Seller’s liability for death or personal injury resulting from negligence of the Seller, its employees or agents. The risk of accidental loss whilst the Goods are being returned will be borne by the Buyer. Property in returned or replaced Goods shall vest in the Seller. The Seller’s total liability for any one claim or for the total of all claims arising from any one act or default of the Seller or its employees or agents shall not exceed the price of the Goods to which the claim relates. The Seller shall not be liable for any consequential or indirect loss or damage suffered by the Buyer whether such loss or damage arises from breach of a duty in contract or tort in any other way except as expressly provided by these conditions. The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer. The Seller 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 Seller’s instructions (whether oral or in writing), or misuse or alteration or repair of the Goods without the Seller’s approval. The Seller shall not be liable in respect of a defect caused by materials not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
10. INDEMNITY The Buyer shall keep the Seller and all its employees and agents indemnified from and against all costs, claims, demands, expenses, fines, penalties and all liability whatsoever which may be made against the Seller, its employees or agents or which the Seller, its employees or agents may sustain or incur: as a result whether directly or indirectly of the Buyer’s breach of contract, negligence, breach of statutory duty or other act or omission; arising out of or in connection with the use or sale of the Goods.
11. FORCE MAJEURE The Seller shall not be liable for any failure to deliver the Goods arising from circumstances outside the Seller’s control including but not limited to an act of God, war, riots, strikes and trade disputes (including by and with the Seller’s own employees), lock outs, fires, breakdowns, mechanical failures, disruption of energy supplies, interruption of transport, Government action or any other cause whatsoever outside the Seller’s control which affects the Seller’s business whether or not of like nature to those specified above. If the circumstances preventing delivery are still continuing one month after the Buyer receives the Seller’s notice, then either party may by written notice cancel the contract in which event the Seller will refund any payment made on account (subject to deduction of any amount the Seller is entitled to claim from the Buyer) but will not be liable to compensate the Buyer for any further loss or damage caused by the failure to deliver.
12. ASSIGNMENT The Buyer shall not assign or transfer or purport to assign or transfer any contract or the benefit thereof to any person whatsoever without the prior written consent of the Seller.
13. WAIVER No waiver by the Seller of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14. NOTICES Any notice shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified overleaf or such other address as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
15. PROPER LAW & JURISDICTION Any dispute in relation to these terms and conditions shall be governed by and construed in accordance with English Law. All disputes shall be submitted to the exclusive jurisdiction of the English Courts.
16. HEADINGS The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
17. TERMINATION If the Buyer commits or suffers an Act of Insolvency the Seller shall immediately be discharged from further performance under this contract without prejudice to all its other rights. If the Buyer commits a serious breach of this Agreement (and in the case of such a breach being remediable fails to remedy it within 7 days of receiving notice so to do), he will be deemed to have repudiated the contract. The termination of a contract, howsoever occasioned, shall be without prejudice to any obligation or rights on the part of either party which have accrued prior to such termination and shall not affect or prejudice any provision of these terms and conditions which is expressly or by implication provided to come into effect on, or continue in effect after, such termination.
18. THIRD PARTY RIGHTS The parties hereby confirm that, notwithstanding any other provisions of these Conditions, these Conditions shall not and shall not purport to confer on any third party any rights to enforce any term of these Conditions for the purposes of Contracts (Rights to Third Parties) Act 1999.
19. ENTIRE AGREEMENT This Agreement and any documents referred to in it shall constitute the entire agreement and understanding between the parties with respect of all matters, which are referred to herein.