These terms and conditions apply to Feature heating ltd (company number 9710982) (Vat number 221813834) whose principal place of business is Unit 11 Commerce park, Campbeltown road, Birkenhead, CH419HP. “Buyer” and “you” means any entity accepting a quotation from the “seller” for the sale of “goods” or whose order of “goods” is accepted by the seller, such entities include individuals, consumers and business purchasers. “Seller” means Feature heating ltd as described above. “Conditions” means the standard terms and conditions set out in this document and any other document relating to sales and delivery of “goods”. “Stocked item” means those “goods” which are standard range within the “sellers” range, whether contained in the brochure, price lists, online or other otherwise, “Writing” means email, fax and “Written” shall be construed accordingly. “Special order” “made to measure” and “bespoke” means all items which are not “stocked items”. The heading of these conditions are for convenience and shall not affect their interpretation.
The seller shall sell and the buyer shall purchase goods in accordance with any quotation from the seller which is accepted by the buyer, this and any order from the buyer accepted by the seller are subject to these terms and conditions. Any typographical error made by the seller in any literature issued by the seller shall be subject to correction without any liability on the part of the seller.
Designation of stocked items and special orders will be determined solely by the seller. Cancellations and alterations to stocked items will not be accepted after the item has been ordered from our supplier. Thereafter any such cancellation or amendment will be at the discretion of the seller. Where such cancellations and amendments are accepted by the seller the buyer will be responsible for any restocking, carriage and admin charges that the seller determines. The buyer has no right to cancel or alter Special orders, made to measure and bespoke goods once orders have been accepted by our suppliers. If the seller determines any special order, made to measure or bespoke items can be cancelled or returned then a 70% restock charge will be applied to the buyer. Where a sale of goods under a consumer transaction has had no simultaneous contact between the buyer and seller and the seller has made exclusive use of one or more means of distance communication including but not limited to, internet, phone, letter, up to and including the making of the contract, then the buyer has the right to cancel an order within the cancelation period (cancelation period is 14 days from the date of contract), no reason is required under this clause. The seller shall reimburse the buyer for payments received for goods but delivery and return delivery charges will not be reimbursed. Any reimbursement will be made using the same method payment was taken for the initial transaction and only after the seller has received or has conformation the goods have been returned. Any complaints from the buyer to the seller should be made in writing including email and within a reasonable timeframe of the complaint becoming known to the buyer.
The buyer shall be responsible to the seller for ensuring the accuracy of the terms for any order including applicable specification submitted by the buyer. The quantity, quality and description the goods are only those that are set out buy the seller. The seller reserves the right to amend or alter goods and specifications without any prior notice.
All prices set out buy the seller are subject to change without prior notice, all quotes given will be valid for 30 days. All prices are inclusive of VAT at the current rate set out by Bank of England.
All goods are to be paid in full before any delivery or collection of the goods. The seller has the right to withhold any goods and the goods shall remain the seller’s property until payment in full is received.
The seller will ensure every effort is made to deliver the goods on the dates or within the time periods given to the buyer, such dates and periods do not form any part of any contract or terms and conditions and are deemed to be an estimate only. The seller accepts no liability whatsoever for any damage or loss of any nature suffered by the buyer as a result of the seller being unable to deliver the goods on the dates or within time periods given. The seller shall not be liable for any non-delivery of goods even if caused by the seller’s negligence, unless the buyer provides written notice to the seller within 3 days of the non-delivery. The seller’s liability for non-delivery of goods is limited to replacement of the goods only, within a reasonable timeframe or refund/ credit note at the rate stated on the invoice raised for the goods. If the buyer is unable to accept the delivery for any reason when they are ready for delivery then the risk of the goods shall pass on to the buyer and any charges for re delivery or storage will be passed on to the buyer at a rate determined by the seller.
Delivery of goods will be to the buyers address as stated upon order and the seller’s delivery company shall not deliver goods beyond the nearest accessible hard standing. If for any reason the delivery company enters the buyer’s property for delivery of the goods whether or not requested by the buyer then this will constitute a new arrangement between the buyer and the delivery company and the seller shall not be party to any such arrangement and therefore the seller shall not be liable for any loss, damage or any other liability whatsoever suffered by the buyer as part of the arrangement between the buyer and the delivery company.
All goods are to be signed for by the buyer or authorized representative and once signed for the goods are deemed to have been delivered. Before signing the buyer or representative must check the quantity of the goods and that all packaging is undamaged, any missing goods or damages are to be noted and reported to the driver. Qualifications in signatures such as unchecked or unexamined cannot be accepted by the seller in the event of any claims being made. The buyer must immediately inspect the goods and report any damages or missing goods to the seller within 3 days of delivery. The seller shall have no obligation to replace or repair damaged goods in the event of failure by the buyer to comply with this provision.
Returns and damaged goods
Any damaged or faulty goods will be collected by the seller from the buyers delivery address only. Any other goods which the seller in its absolute discretion accepts back are to be returned by the buyer at the expense of the buyer to the sellers business address. Only goods deemed stocked by the seller can be returned and then only those which have not been installed, used or damaged by the seller after delivery. Only goods returned in this condition and in their original packaging if deemed re saleable by the seller will be accepted. No returns of goods deemed special order by the seller or goods that are sold as seen and have been inspected by the buyer at the seller’s premises shall be accepted as a return. Only after inspection of the returned goods by the seller shall any replacement or refund be credited to the buyer using the same method upon which payment was made.
Goods will be deemed to have been accepted once they have been installed or used and thereafter no claim will be accepted by the seller for any surface damage or other visual defects which would have been apparent upon inspection prior to installation or use
All goods must be fitted in accordance with manufactures instructions where these accompany the goods(if they do not accompany the goods the buyer is to inform the seller for such instructions prior to installation) and in the case of radiators , shall be installed to current ADL 1 and British standard regulations by a qualified installer. The seller reserves the right to be provided with written proof of any qualifications held by installers of plumbing and electrical goods.
Where the seller agrees to attend site to inspect any goods which have been installed and where a fault has been alleged and finds that such fault is caused as a result of incorrect installation, a fault with the central heating systems or any other matter which is not a direct fault with the goods then the buyer shall pay the sellers charges for such a visit. Where any goods are supplied in a primer finish the seller is not responsible for any difference in shades of colour or product used nor is the seller responsible for ensuring full coverage of the goods in the primer finish. It is the buyers responsibility to ensure goods are correctly painted or finished.
Warranty and liabilities
The seller warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in detail and workmanship at the date of their delivery, this warranty is given by the seller subject to the terms and conditions set out by the seller
The seller has no liability for minor colour variations between the colour charts or samples and the actual finish of the goods, nor shall any liability be accepted for any imperfections of the goods which cannot be seen by the naked eye at a distance of 2 meters. The seller accepts no liability for imperfections or defects in the goods arising from specifications or drawings supplied by the buyer. The seller holds no liability for defects arising from fair wear and tear, wilful damage, abnormal working conditions, incorrect installation or use and repair or alteration not approved in writing by the seller. Where the seller accepts a valid claim in respect of any goods which relates to a defect in their quality or their failure to meet specification is notified to the seller in accordance with these terms and conditions, then the seller shall be entitled to replace the goods or faulty part free of charge, or at the sellers discretion refund full or part of the price but the seller shall have no further liability to the buyer. Any pipe centers or heat calculations given by the seller are for guidance only and it is the buyer’s responsibility to ensure the heat requirements are adequate for intended purposes.
For the avoidance of doubt, and without any limitation to the foregoing, the seller shall not be liable for any plumber’s costs (installer’s costs), decorator’s costs, late penalties or any other costs whatsoever, or however incurred by the buyer or any other third party as a direct or indirect result of any defect in the goods including but not limited to faults during manufacture, such as leaks which become apparent on or after the installation, or late delivery of the goods, the seller is not liable to the buyer or any third party for any loss of profit, loss of business or depletion of goodwill in each case whether, direct or indirect or consequential or any claims for consequential compensation whatsoever or however caused which arise out of or in connection with any contract.