FIRST TRACE HEATING DIRECT LIMITED
Terms & Conditions of Sale
No order shall be binding upon
us until accepted in writing. Acceptance
of your order is conditional on acceptance of the following conditions which
shall override all other terms and conditions inconsistent therewith wherever
contained. No variation to this contract
shall be valid unless accepted by us in writing on the Company’s letter-heading.
Unless otherwise stated the
prices quoted are for delivery ex works but are exclusive of Value Added
Tax. The prices accepted by us for
orders are based on current market conditions including (but without prejudice
to the generality of the foregoing), the cost of materials and general
overheads, rates of wages payable to labour and the costs of conforming to
statutory obligations ruling at the date of acceptance by us of your
order. Whilst we shall endeavour to
maintain prices quoted if between such date of acceptance and the date or dates
of delivery variations either by rise or fall occur in such costs or rates,
such prices may be amended by us to take account of such variations and amended
prices when notified to you shall be binding on you.
Product will be supplied
according to the nominal values specified in the Schedule of Goods. Tolerances of +/-
10% apply to all dimensions and resistance.
Delivery under the contract
shall be at the time of actual delivery to your premises. Delivery dates are estimates only, and are
quoted without engagement although every endeavour will be made to adhere to
the date or dates quoted. In no
circumstances shall we be liable for any delay in delivery or loss arising
there from however caused. Time shall
not be the essence of the contract. If
at any time we shall be hindered or prevented from realising or delivering
goods by reason of strikes, or other labour disputes, fire, war, accident. Government action or any other causes beyond
our control our obligations shall be suspended until such causes have ceased to
operate. No proposed cancellation by the
buyer on the grounds of delay will be accepted by us. Where goods are to be delivered in
instalments each delivery shall be treated as a separate contract and payment
shall be due on each instalment separately.
All goods ordered will be
invoiced at ex works price, with carriage extra at cost.
6. Damage and
Loss in Transit
We accept no liability for
damage of goods occurring in transit unless notified to us and the carrier
concerned within seven days after delivery.
In the case of non-delivery
we accept no liability of any sort unless written notice of non-delivery is given to us within twelve days after
the posting of our advice of despatch of the goods. Our liability for damage in transit or with
the above shall in any event by limited solely to replacement of the goods
within a reasonable time whether non-delivery
or damage is due to our negligence of otherwise.
7. Defects after
Except as provided in
condition 3, and subject to the provisions of condition 6, if upon delivery any
of the goods shall be found to be defective and provided that within thirty
days after delivery we are notified in writing and the goods returned to us at
the receivers expense if we so require, or alternately made available for
inspection by us, and we are satisfied as to the defects, we shall at our
option either replace the defective goods within a reasonable time or credit
you with their contract price. All
defective goods returned to us shall be our property.
Except as provided above we
shall have no liability to you whatsoever arising out of any agreement to sell
or the sale of goods including claims for direct consequential or other loss,
damage or expense whether arising or alleged to arise under any warranty
statement condition or term expresses or implied statutory or otherwise or in
negligence on our part or otherwise.
In the event that in
accordance with the provision, herewith contrived, you substantiate a claim
against us in respect of a contract for the supply of goods then the total
damages to which you shall be entitled shall not exceed the contract price for
Floor heating cables are
covered by a Life time cable warranty when registered through our website, controllers
by a 2 year warranty and trace heating cables by a 2 year warranty. In the event of a manufacturing fault, First Trace Heating Direct will cover all cable
repair costs at factory level or replacement of the heating elements. We do not accept any liability for
replacement of tiles, pipes, floor covering or any damages resulting from
faulty or defective goods or any associated labour costs.
Any query regarding items,
quantities or prices invoiced shall be communicated in writing within ten days
of invoice otherwise it shall be deemed that the invoice is accepted as
rendered. Unless otherwise stated
payment for goods shall be made 30 days after date of invoice.
If you default in paying any
sum due in accordance with the above or if any distress or execution is levied
upon you; your property or assets or if you make an offer to have any
composition with a creditor or creditors or commit any act of bankruptcy of act
which would be an act of bankruptcy if committed by an individual or if a
petition is presented for a Receiving Order in the case of an individual or for
Winding up in the case of a Company we may cancel this contract and recover the
goods unless payment is made forthwith in full for the whole of the goods ordered. The property in any goods agreed to be sold
shall not pass to you until payment is made in full of the price and whilst
such goods are in your possession and until payment by you and loss or damage
to such goods shall be made good by you to us.
In the event that you modify,
alter or rework any goods sold by us to you in a manner not expressly
recommended or agreed to by ourselves, we accept no liability to you whatsoever
for any damage, loss or injury which would not have arisen but for such
aforesaid modification, alteration or reworking and you agree to indemnify us
against any such liberty.
When goods are returned to
First Trace Heating Direct a credit note will only be issued once the goods
have been assessed and match that of the customers debit note. Faulty or
defective products will we swapped or given a refund if it falls within the
warranty period. Any goods that want to be returned due to the materials not
being required or wrongly ordered will be subject to a 20 percent handling