Technical Documentation water fan HEATER T&S
GUARANTEE TERMS AND CONDITIONS
1. General
(a) In these Conditions of Sale:-
“The seller means Commercial Industrial Heat Ltd, “the buyer means a buyer of any goods from the seller and “the
goods means any goods sold by the seller to the buyer.
(b) The seller only does business upon the terms of these Conditions of Sale which shall be deemed to be
incorporated into any contract between the buyer and the seller. If there is any conflict between these conditions and
the terms of the buyer’s orders, these conditions shall prevail except to the extent that the seller has agreed in writing
that they are excluded. These Conditions of Sale shall not be altered or varied except by express written amendment
signed on behalf of the seller. The buyer confirms to the seller that no written or oral representation made by or on
behalf of the seller (other than as expressly incorporated in these Conditions of Sale) have induced the buyer to enter
into this contract.
2. Delivery
(a) Except where otherwise specifically stated in writing, any references to delivery shall be construed as
referring to date of dispatch from the seller’s works. Any period quoted will run from receipt by the seller of either the
buyer’s order or final technical information necessary for manufacture, whichever shall be the later.
(b) Quoted or acknowledged dates for dispatch are made by the seller in good faith and every effort will be made
to adhere to them but the seller shall not be under any liability whatsoever for the consequences of any delay. Time
for delivery is not of the essence of the contract.
(c) If for any reason the buyer fails to take delivery of any goods after it has received notification that they are
ready for delivery, the seller shall be entitled to invoice the buyer for any expense (including storage and insurance)
that may have been incurred as a result of the buyer’s failure to take delivery at the appropriate date.
(d) Delivery shall be deemed to have been accepted unless and to the extent that in the case of non-delivery the
seller is notified in writing within seven days from dispatch and in the case of damage, the goods are signed for as
damaged and the seller is notified on the day of delivery, such notification to be confirmed in writing within three days
after delivery.
(e) The seller reserves the right to deliver any goods by instalments and to invoice accordingly. The provisions
of these Conditions of Sale shall apply to such instalments as if each constituted a separate contract hereunder.
(f) Where goods are to be delivered by instalments and the buyer
(i) fails to accept any delivery when due; or
(ii) defaults making payment when due,
then in either case the seller may cancel any or all subsequent deliveries and the buyer shall compensate the
seller in full for any loss or expense arising from such cancellation.
(g) Delivery to the buyer is complete when the goods are unloaded from transport to the buyer or into the buyer’s
vehicle and the risk then passes to the buyer who shall be responsible for affecting his own insurance. The buyer
shall be responsible for the safe unloading of the goods from the vehicle in which they are delivered.
(h) If the seller replaces goods free or charge delivery shall be deemed to have been made and risk shall pass in
respect of those goods in accordance with condition 2 (g).
3. Warranty
(a) The seller warrants (subject to condition 6 below) that the goods manufactured by it are free from defects in
material or workmanship provided that the seller’s liability shall be limited to repair or replacement free of charge at
the seller’s works of the defective part within twelve months after delivery, provided notification of such failure or
defect is given to the seller immediately upon the same becoming apparent and on the seller’s request the goods are
promptly returned to the seller carriage paid.
(b) When the price quoted includes delivery other than at the seller’s works the seller will repair or, at its option,
replace free of charge, goods lost or damaged in transit, provided that it is given written notification of such loss or
damage within such time as will enable it to comply with the carrier’s conditions of carriage regarding loss or damage
in transit or where delivery is made by the seller’s own transport within a reasonable time after receipt of the advice
note.
(c) The seller warrants that it will have good title to sell all goods to be supplied and that they will be free from all
liens and encumbrances in favour of any third party not declared or known to the buyer before or at the time of
contract. In the case of goods supplied but not manufactured by the seller, the seller will, so far as it is able to do so,
extend to the buyer the benefit of the supplier’s warranty.
(d) The seller shall be under no liability for any defect which is due to accident, fair wear and tear, negligent use,
tampering, improper handling, improper use, improper operation or improper storage or any other default on the part
of any person other than the seller.
(e) Save for, and in respect of, the above warranty:-
(i) The seller shall not under any circumstances be liable for loss of profits, loss of orders or consequential loss
of any kind.
(ii) The seller shall not be liable for any damage to property arising from any defect in the goods or from the
negligence of the seller, its servants or agents.
(iii) All conditions, representations, warranties or undertakings in connection with the goods, whether implied by
statute, common law or any other reason whatsoever and whether as to quality, condition, fitness for use or otherwise
whatsoever, are hereby excluded.
(f) Where these conditions apply and the buyer deals as a consumer for the purpose of the Unfair Contract
Terms Act 1977 (“a consumer sale”) this condition will be in addition to the statutory rights of the purchaser meaning
of that expression, as defined in the Consumer Transactions (Restrictions on Statements) Order 1976 (“statutory