Kirkstone Fireplaces ("The Company") Terms & Conditions Of Trade
1. The placing by the Customer of any order, written or verbal, whether or not any quotation may have been submitted shall constitute an offer by the customer. Acceptance by the Company shall be deemed to include acceptance of the full terms and conditions, which shall form the conditions of the contract and shall apply to the exclusion of any terms put forward by or on behalf of the Customer.
2. The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Customer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3. Any time or day quoted by the Company for delivery of all or any of the Goods and/or performance of all or any of the Services is an estimate only. The Company shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly or indirectly there from.
4. All descriptive and technical specifications, drawings, catalogues, illustrations and particulars of weight and dimensions supplied by the Company are approximate only and the Company reserves the right without notice to the Customer to alter such matters and to supply the Goods as so altered in performance of the Contract.
5. Any price quoted by the Company is based upon costs current as at the date appearing on the quotation. The actual price to be charged to the Customer under the contract may be increased to take account of costs current as at the date of invoice. All prices are exclusive of VAT, at the prevailing rate at the time of placing the order, which shall be payable by the Customer.
6. Risk of the Goods shall pass to the Customer immediately on delivery to the Customer or into custody on the Customer's behalf whichever is the sooner. Notwithstanding delivery, property in and title to the goods shall remain in the company until the Company has received payment of the full price in cleared funds for all Goods and Services supplied by the Company to the Customer under any contract whatsoever.
7. Without prejudice to any rights and remedies available to it, the Company shall be entitled, forthwith on written notice to the Customer right to terminate wholly or in part the Contract or to withhold performance of all or any of its obligations under the Contract if the Customer: shall refuse to take delivery of or collect any of the Goods and/or to allow the performance of the Services in accordance with terms of the Contract; shall commit or be subject to any Act of Insolvency; shall commit any breach of any contract with the Company.
8. The Company shall make good at its option by repair or by replacement any defect developing under normal use in the Goods and due solely to faulty design (except where supplied by the Customer) materials and/or workmanship provided that:
a. any such defect in design/materials/workmanship shall have appeared within 7 days following delivery and shall have been thereupon promptly notified to the Company in writing.
b. the Company shall be under no liability in respect of any defect arising from fair wear and tear, extreme weather conditions, wilful damage, negligence, failure to follow the Company's instructions (whether oral or written), misuse or alteration of the Goods without the Company's instructions (whether oral or written), misuse or alteration of the Goods without the Company's approval.
c. the Company shall be under no liability until any monies due from the Customer under the Contract have been paid.
d. any Goods alleged to be defective are promptly made available to the Company for inspection and, if so required by the Company, are promptly returned at the Customers risk and expense to the Company's works for inspection, and the Company shall in its reasonable opinion consider them to be defective solely by reason of faulty design, materials and/or workmanship, provided always that were, as a result of such inspection, the Company does not consider in its reasonable opinion that such Goods are defective solely by reason of faulty design, materials and/or workmanship, the Customer shall forthwith on demand reimburse the Company its reasonable costs arising out of such inspection.
9. Where the Goods are sold or Services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) the statutory rights of the Customer are not affected by these conditions. Save as aforesaid and subject as expressly provided in the conditions, all representations, warranties, conditions or other terms (express or implied) are excluded to the fullest extent permitted by law.
10. The Company is the owner of all and any intellectual property rights of whatever nature in the designs, drawings and any other aspect of the Goods save as provided directly by the Customer.
11. If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Customer, the Customer shall indemnify the Company in full against all loss, costs, damages, charges, expenses and other liabilities awarded against or incurred by the Company as a result of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person and/or for passing off and/or unauthorised use of confidential information which results from the Company's use of the Customers specification.
12. The Company does not warrant that the Goods are fit for any particular purpose and it is the responsibility of the Customer to obtain all appropriate and relevant third party advice in order to ensure that the Goods are suitable for the purpose for which they have been purchased.
13. The Company shall have no liability whatsoever for any failure to perform, or for any delay in the performance of, any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its reasonable control, including without limitation shortage of raw materials, components or services, act of God, war, national emergency, laws or regulations of any territory, industrial dispute, civil commotion, fire, tempest and flood.
14. The Contract is personal to the Customer, who shall not assign or in any way pay with the benefit thereof without the Company's prior written consent.
15. The Contract shall in all respects be governed by and construed in accordance with English Law.