1. Definitions: the Seller
means The Electric Radiator Company Limited; the Purchaser means that person
firm or body corporate supplied with the Goods of the Seller; Goods means those
products sold by the Seller
2.
These Terms and Conditions apply to the sale of Goods by the Seller and shall
prevail over any other inconsistent terms.
3. The
price payable by the Purchaser for the Goods in the order is shown at the
checkout (“the Price”). Any future orders will be subject to the pricing policy
of the Seller at the time of the order. All prices are exclusive of VAT unless
so indicated by the Seller. Full payment is payable prior to shipment. Time for
payment is to be of the essence of the contract.
4.
Unless otherwise agreed by the Seller in writing payment shall be due and
payable by credit or debit card without any deduction or set off
5.
Interest shall be payable on overdue amounts at the rate of 4% per month above
the base rate of HSBC Bank Plc from time to time in force.
6. Time
for delivery is given as accurately as possible but is not guaranteed and the
Seller shall not be liable to make good any damage or loss whether arising
directly or indirectly out of any delay in delivery, particularly where any
delay arises from causes beyond the Seller’s control, including but not limited
to, flood, fire, inclement weather, civil disturbance, strike action by others,
criminal acts or acts of war. Time shall not be of the essence of the
agreement.
7.
Delivery shall be to the address stated on the order form. Carriage of all The
Electric Radiator Company Limited products covers delivery to the GROUND FLOOR
only of a delivery address. Our carriers may refuse to deliver to either above
or below ground floor level. For health and safety reasons and to
minimize any risk of accidental damage you may be asked to provide some form of
assistance at the point of delivery. For heavy items a ‘two man lift’ is
generally required where an item exceeds 20kg. Our carriers are requested to
deliver with tail lift vehicles where possible, however this is not always
possible in all areas. If in any doubt please contact our office during working
hours 9.am – 5 pm Monday to Friday on 0800 689 1026
8. The
Seller reserves the right to alter the specification of the Goods where a
product improvement becomes available prior to delivery.
9.
Delivery shall be regarded as having the following meanings: where the Goods
are transported to the delivery address by the Seller’s (or its agent’s) own
transport then delivery is deemed to take place when the Goods arrive at this
address; should the Purchaser collect the Goods then delivery is deemed to take
place when the Goods are loaded onto the Purchaser’s (or its agent’s) vehicle.
The Goods shall be at the Purchaser’s risk from the time of Delivery.
Deliveries are to Ground floor locations only.
10. It is the
Purchaser’s responsibility to inspect the goods at the time of
delivery. Where damage is readily ascertainable from inspection the Seller will
not be liable for damaged Goods unless this is reported to the delivery agent
at the time of delivery and in writing to the Seller within 7 days of
delivery. All other defects must be reported to the Seller in writing within 7
days from the date of delivery. The Purchaser will be solely responsible for
ensuring that the Goods are fit for the purpose for which they are required and
the Seller shall be under no obligation or liability in that respect
11. In the
event of any defect in respect of which the Seller accepts liability the sole
obligation of the Seller shall be at its option to make good any damage or
replace or repair any Goods found to be damaged or defective or repay the price
of the Goods in respect of which the complaint is made. In no circumstances
shall be the Seller’s aggregate liability to the Purchaser whether for
negligence breach of contract misrepresentation or otherwise exceed the cost of
the defective damage determined by net price invoiced to the Purchaser in
respect of any occurrence or series of occurrences. The Seller’s liability
under this Condition 11 shall be to the exclusion of all other liability to the
Purchaser whether contractual tortious or otherwise for defects in the Goods
and Services or for any loss or damage to or caused directly or indirectly by
the Goods and Services whether or not caused by the negligence of the Seller
its employees or agents.
12. Title to the
Goods shall only pass to the Purchaser upon payment of the Price (including any
delivery charges) to the Seller. The guarantee period commences from the date
of delivery and is limited to the supply only for replacement of defective
parts. Any claim made under the terms of the guarantee must be supported by the
original purchase order or a copy thereof. No claim will be entertained without
proof of purchase.
13. No variation to
this agreement will be accepted whether expressed or implied unless such
variation is evidenced in writing by the Seller
14. All units are
supplied for the purpose of being wall mounted by the Purchaser’s own
contractor. Feet or rollers are not included in the purchase price,
unless so stated on the order form. No installation or electrical works of any
kind will be undertaken by the Seller its associates or agents. It is the
purchases responsibility to ensure that the electrical system which is to be
used for the installation of the goods is in good working order and capable of
safely operating the goods
15. The Seller
stipulates that no guarantee is given regarding the performance or running
costs of the Goods. Any performance figures quoted in the Seller’s literature
are for guidance only and are not specific. The figures are based on average
temperatures for an area as determined by the MET. office.
16. By providing
the Purchaser with 7 days written notice the Seller may cancel the order at any
time.
17. A person who is
not a party to this agreement shall have no right under the Contracts (Rights
of Third Parties) Act 1999 to enforce any term of the contract. This
clause does not affect any right or remedy of any person which exists or is
available otherwise than pursuant to that Act
18. The contract
that these terms create shall constitute the entire agreement between the
parties with respect to the subject matter of the Contract and supersedes all
prior agreements of the parties relating to it
19. This Contract
shall be governed by the Law of England and the Purchaser hereby agrees to
submit to the jurisdiction of the Courts of England and Wales
Cancellation and Return of Goods
We believe that you will be delighted with your goods, however, in the event
of you feeling that it is necessary to return the goods we will keep the
process as simple and professional as possible.
You must notify Electric Radiator Company Ltd in writing within 14 days of
receipt of goods that you wish to cancel your order . To do this, please e-mail
us or write to us.
You will be responsible for the goods until they reach us & the cost of
returning the item/s , so it is our recommendation that you use a secure
delivery method, which requires a signature on delivery. Please Note that if
you fail to take reasonable care of the goods Electric Radiator Company Ltd
reserves the right to seek damages .
Certain products are made to order, and the cancellation of these products will
result in a 60% administrative fee being charged.
You do not have to give any reason for cancellation. However, a brief
explanation will help us to improve the service we offer to customers in the
future.
We do not charge any administrative fee’s during the 14 working day
cancellation period, if you would like to return an item after this cooling off
period we may charge administrative fees.
If you fail to return the cancelled goods within 30 days, we will collect the
items from you, you must make the item available for us to collect, and we will
seek damages from you for the direct cost of collection.
If you fail to take reasonable care of the goods before they are returned to
us, and this results in damage or deterioration, we will seek damages from you
for the reduction in value.
This cancellation policy does not affect your legal rights for example, if
goods are faulty or incorrectly described.
Faulty Goods
Damaged Items: if you take delivery of an Electric Radiator Company Ltd
package and the contents have been damaged in transit, please notify a member
of staff as soon as possible.
Guarantees
Digi-Line ( DE Models ) are manufacturer guaranteed for a period of 10 years.
Electric and electronic components and thermostats are manufacturer
guaranteed for a period of 2 years.
Aeroflow ( AF Models ) are manufacturer guaranteed for a period of 30
years. Electronic components and thermostats are manufacturer
guaranteed for a period of 2 years.
Vanguard ( HYBC Models ) are manufacturer guaranteed for a period
of 5 years. Electric and electronic components and thermostats
are manufacturer guaranteed for a period of 2 years.
Towel rails ( TR models ) are manufacturer guaranteed for a period of 5
years. Electronic components and thermostats are manufacturer
guaranteed for a period of 1 year.
Defective Items
You have the right to return a faulty item within a reasonable period of
time as per the sales of goods act, please note: we will when possible repair
the product, if this is not possible we will then offer a replacement or a
refund should no replacement be available.
Please keep all the warranty information that accompanies your item, as this
will be needed should there be a fault. In the unlikely event that you have a
faulty item, you may find it quicker and easier to contact the manufacturer
directly so that they can rectify the problem for you.
We may ask you for digital images or that you return the item to us to verify
that the fault exists, should we find no fault with a returned item you will be
liable for the return cost of the product.
Please note it may be quicker to speak directly with the manufacturer of the
product regarding the fault
Note : in the event of Electric radiator company Ltd sending you a replacement
for a damaged or defective item, you must return the original item to Electric
Radiator Company Ltd within 14 days.