(a) In these conditions, West Country Stoves 2016 Ltd is referred to as the "Company", and the Person, Firm or Company purchasing is referred to as the "Customer". Any agreement documented for the supply of goods or services is referred to as ”Contract” – The Company only enters into Contracts supported by printed documentation. Suppliers of Goods and Services to customers, other than goods and services supplied by the Company are “Other Suppliers”.
(b) The Company enters into Contract with the Customer solely on the terms of these conditions, and no representation or warranty, collateral or otherwise, shall bind the Company and no statement made by any Representative of the Company shall vary these conditions unless printed and signed by the Company.
(c) Any Contract for goods and/or services, is entered into by the Company on the basis of its Representative’s assessment and agreed documentation of the Customer's requirements.
(d) Any Contract is conditional upon final inspection by the Company's representative and his recommendations for the work. In the event of the Company determining that it is not feasible to carry out the works on the terms specified herein, the Company will notify the Customer accordingly; whereupon this contract shall be null and void and neither party shall be under any liability to the other.
(e) Estimates by the Company shall be open for acceptance for a period of 30 days during and after which the Company reserves the right to modify or withdraw the same.
(f) Estimates are offered for the guidance of the Customer and the Company’s Representatives. Estimates must be not be shown/copied in any form by the Customer to Other Suppliers.
(g) Estimates may summarize situations and omit issues that are unknown at the time of the Estimate and so must not be taken as fully definitive of the work necessary or of the costs.
(h) The Customer is entirely responsible for ensuring compliance with any applicable Planning or Listed Building Regulations, and for confirming their compliance to the Company in writing. The Customer hereby accepts any and all legal and financial ramifications resultant from any failure to comply with any and all applicable local authority regulations.
(i) Any estimates, pamphlets and publications produced by the Company are generic and neither for the specific guidance of Customers or Other Suppliers, nor for comparative pricing.
(a) The Customer agrees to give free and unrestricted access at all reasonable times to the Company's Representatives to carry out all necessary surveys and works relating to the installation.
(b) If, during the course of the works, problems of a structural nature to the Customer's property become apparent, which could not be foreseen by the Company's Representatives, then the Company shall have the right to call in suitably qualified professionals to advise on the problem and report in writing with recommendations; such recommendations to be implemented by the Customer and at the Customer's expense, as soon as it is practical to enable the Company to proceed safely with its work.
(c) The Company undertakes to use its best endeavours to adhere to any delivery period discussed with the purchaser, but time shall not be of the essence of any Contract and the Company shall not be liable in respect of any delay in installation caused by reasons beyond the Company's control; nor for any consequential loss, resulting there-from. If work is not completed within the delivery period stated in the Contract, the Customer may serve notice on the Company in writing, requiring that the work be completed within such an extended period as the Customer may specify (e.g. 28 days), with the proviso that the Estimate may be varied by the Company.
(d) If the work is not completed by the Company within the extended time frame, the Customer may cancel the uncompleted work covered by the contract, without penalty to the Customer, by the service of a written notice to that effect on the Company from the day after the extension deadline. Where work has begun a proportion of Customer payments for goods and services supplied to that date may be retained by the Company as reasonable costs incurred.
- OTHER SUPPLIERS of GOODS & SERVICES
(a) The Estimate will outline tasks to be undertaken other than by the Company. These may include but not exclusively, Asbestos surveys including sampling and/or removal, Gas, Oil, Electrical, Survey, Structural rectification and other Construction work.
(b) The Company in no way recommends or endorses the Customer’s involvement with or direct employment of anyone other than representatives of the Company.
(c) The Company shall be in no way held responsible for the thoughts, words, deeds or omissions of other equipment or materials suppliers, or other services suppliers that aren’t representatives of the company, as per 3a).
(d) At all times, responsibility for verification of the necessary qualifications of other equipment, materials or Services Suppliers shall reside solely with the Customer.
(e) For Customers’ information, the Company’s HETAS Registration reference is #6919 and the Company’s HETAS certificated fitters are registered with HETAS.
(f) For gas fire/stove installations the Company shall only use Gas Safe engineers to carry out the gas installation works on their behalf. If the customer is arranging their own gas fire/stove installer they must also be registered as Gas Safe and be on the Gas Safe Register: https://www.gassaferegister.co.uk/
(g) Where non-HETAS installations are planned, the prior approval, on-going supervision and final sign-off must be by a Local Authority Building Control Officer (BCO)
(h) UK Solid Fuel “Wet-Side” standalone and integrated systems are not installed by the Company. For this work Grade 1 wet-systems-qualified HETAS Engineers are required, or the work must be done under BCO supervision.
(i) If a third party who is not a representative of the company is completing works necessary for the Company to complete their works, it must be completed according to relevant building regulations. If these works do not meet these regulations, or delay the start date of our project with less than 2 weeks’ notice, then a re-estimate of the work, including costs and installation dates, may be required, and reasonable costs incurred as a result may be levied.
(j) if an installation date is agreed but on the day, the stove installation works cannot be completed in the allocated time due to non-completion of necessary works by the Customer, such as floor not fitted, fireplace preparations not carried out or not carried out correctly, sub contract scaffold not erected or not sufficient and we need to return to complete the project - there may be an additional charge for an unplanned second visit.
(a) All materials supplied and/or fitted by the Company will comply with HETAS & Building Regulations, be of good quality and suitable for use under those recommendations.
(b) The Customer accepts that unavoidable compromises may be necessary during installation as a result of placing HETAS, Building Regulations and other relevant regulations and standards above minor aesthetic considerations.
(c) Until full payment has been made to the Company, all materials shall remain the property of the Company.
- REGULATIONS & COMPLIANCE
(a) Installations will comply with HETAS & Building Regulations. A HETAS Certificate of Compliance will be issued on commissioning and full completion of the installation.
(a) The Company undertakes to repair or replace, free of charge, any installation proven defective as a result of faulty workmanship within 1 year from the date of Installation.
(b) Manufacturer’s Warranties apply to all installation materials used, provided the relevant Warranty paperwork is returned to the relevant Manufacturer in the stated time and fashion. Specific Manufacturers’ Warranty exclusions apply to some internal and external service-renewable parts of their stoves.
(c) Customers wishing to obtain redress from Manufacturers’ Warranties for Materials and/or labour charges made by the Company for rectification must do so directly.
(d) Warranty facilities apply only to the original Customer and are neither extendable nor transferable to any other party.
(e) Interference with or modification to the Installation if undertaken by other persons, including damage due to accident or misuse and faults or premature deterioration resulting from misuse or abuse will invalidate any warranty.
(f) Customers’ failure to correctly use and maintain installations are excluded. The Company may charge for service calls of this nature, or may refuse to rectify related issues.
(g) This warranty is in addition to, and in no way replaces or diminishes your statutory rights under the Consumer Rights Act 2015.
(a) The cost of the stove or 50% of the total installation cost (if installation only) is required as a deposit in order to proceed with the order of a stove or booking an installation.
(b) All balances are due payable on completion of works. If any invoiced amount is not received within 14 days of the payment date request, a late payment charge may accrue at a weekly rate of up to 3% of the outstanding balance.
(c) Cancellation or alteration of all goods orders may be result in the Customer being charged reasonable costs that the Company incurs as a result. Cancellation or alterations to orders where services have been booked and or carried out may also be chargeable. However, if a cancellation is made and is not due to any fault of the customer a full refund of the deposit amount will be given. See section 8 below for full details of customer cancellation rights.
(e) The Estimate will specifically include the known tasks to be undertaken by the Company. Anything not expressly included in the Estimate must therefore be considered “Extras” and may be charged for accordingly.
(f) Any new or changed legislation arising after provision of an Estimate and affecting legal completion of an Installation shall be considered “Extras” e.g. air-vents & Carbon Monoxide alarms.
(g) Any levies or variations in taxation imposed by the Government after the Estimate but prior to Installation will be added to the final invoice.
(h) Where an Installation is proceeding by Stages, full payment is required at the completion of each Stage defined in the Estimate.
(i) The presence of any alleged defect does not constitute a reason for withholding any payment. Any costs of pursuit of the customer for outstanding payments will be charged.
(j) The Company will seek to agree to and/or rectify any potential issues with the Customer post-installation, only provided that all deposit or stage payments due to date have been made.
(k) We request that any issues arising that cannot be agreed between the Company and the Customer be settled through the HETAS arbitration scheme. See HETAS.co.uk for details.
- ACCEPTANCE & CANCELLATION
(a)The Terms & Conditions shall not be construed so as to affect the statutory rights of Customers whose acceptance of an Estimate implies full acceptance of these Terms & Conditions.
(b)Once a deposit payment is received (either payment for stove or 50% payment for installations only) from the Customer to the Company, this forms the Customers acceptance of the Company’s terms and conditions.
(c) Should the customer wish to purchase goods separately to the services, possibly to consider the use of our installation services against other installers or similar, then our terms of conditions of sale will apply to the sale of goods, which can be found here – [LINK]
(d) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the customer has the right to cancel the services portion of an installation contract during a period of 14 calendar days starting the day after the date of estimate acceptance. During that period if the customer chooses to cancel the contract any money paid will be refunded. Goods received as part of an installation contract can also be cancelled for a period of 14 days starting the day after the last item is received by you. Goods received does not include any fixtures, fittings, materials or supplementary goods supplied as part of the contract that are not returnable. These will not be refunded upon cancellation. Please see points f), g) and h) below for more details. Cancellation can be done using our cancellation form here [LINK], and sending it to us by email at our email address in the contacts section below. Any clear indication sent to us in writing via email, letter or other written communication will count as notification of your right to cancel. Regarding the time you have to cancel the contract, exercising your right to cancel is deemed to have been made on the day you send the notice of cancellation in whatever form. We will confirm we have received your cancellation notice and of any subsequent actions to be taken where required.(e) This right does not extend to Bespoke Goods provided with services.
(f) Following cancellation of goods only you will return any goods that you have in your possession to us at your earliest convenience or within 14 days of starting from the day after we have confirmed we have received your cancellation notice. The cost of removing and returning goods is borne by the customer, you can arrange your own courier/remover or We can organise this for you at a charge. You can also hand the goods over to us or our representative if you wish. While in your possession you are required to keep the goods in the condition you received them. We have the right to deduct an amount from any reimbursement if you have diminished the value of the goods by handling them beyond what is necessary to establish their nature, characteristics and function. What is deemed handling beyond necessary is decided on a case by case basis but may take into account the goods second-hand value (where applicable). Contact us if you have any questions relation to what could be deemed handling beyond necessary, if possible, prior to accepting your estimate.
(g) Upon acceptance of the order (payment of deposit) the customer may give us approval for the installation work to begin before the end of the cancellation period. This should be done by signing the relevant part of the estimate or notifying us in writing. In this scenario the customer loses their right to cancel the service part of their contract (i.e. the labour costs) upon completion of the work. The customer may still cancel and return the goods part of the contract though (as in c) and e) above). Fixtures, fittings, materials or supplementary goods supplied as part of the contract, upon completion, are not returnable and will not be refunded.
(h) If work has been started within the cancellation period, at the request of the customer, and is partially completed at the time of cancellation, the contract can still be cancelled. However, the customer will be liable to pay for the proportion of the services supplied up to the point of cancellation. If the cancellation period for the goods still applies at the time of cancellation, the cost of the goods minus any reasonable deduction for the diminishing in value of the goods (as described in e) above) will be refunded, but non-returnable fittings, materials, etc. used up to that point will not be refunded.
(h) If the Company, at the Company’s sole decision, cannot complete an installation due to building structure issues, then any pre-payments will be refunded to the Customer in full.
If you wish to contact Us with general questions or complaints, or wish to exercise your right to cancel, you may contact Us at the following;
West Country Stoves 2016 Ltd, Avon Bridge, Aveton Gifford, TQ7 4NT.
Company No: 10416578
VAT No: 254116037
Tel: 01548 550400 Email: firstname.lastname@example.org