“Us”, “Our” & “We” to mean Stovesman Ltd.
“You”, “Yours” to mean any person or body corporate who accepts a quotation, estimate or order from us for the sale of goods, or whose order of goods is accepted by Us.
All tenders and quotations are submitted and all orders are accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions unless otherwise agreed by Us and specified in writing. Acceptance of delivery by You shall be conclusive evidence of the acceptance of these terms and conditions. We do not warrant that any goods are fit for any purpose other than that for which it is supplied and manufactured. We reserve the right to add or amend Our Terms and Conditions of trading without giving prior notice.
Conditions of Sale and Supply
These conditions apply to all contracts for the supply of services and the sale of equipment by Us to You. This includes the supply of complete systems to the exclusion of all other standard or printed terms and conditions you may purport to apply in any purchase order, confirmation of order or other documentation, and all previous terms and conditions. Any variation of these conditions or additional or special terms and conditions will not apply unless We agree to them in writing.
Any quotation given by Us to You is based on Our wage rate, the price of equipment at the time of quotation, Your specification of the works and/or the equipment to be supplied. We reserve the right to increase the quotation if said specification is subsequently modified. Any quotation shall not be binding on Us unless it is accepted within the stated validity period.
Any estimate given by Us to You is based on Our wage rate, the price of equipment at the time of the estimate, Your specification of the works and/or the equipment to be supplied. We reserve the right to increase the estimate if said specification is subsequently modified. Estimates are based on the approximation of the given information at the time of submission and may be subject to adjustment where necessary. We will however always endeavour to comply where possible with the spirit of the estimate and would advise that a twenty percent function is considered prudent.
We will require a booking deposit of fifty percent of the quotation to cover the cost of the stove and the materials being ordered. VAT is chargeable on all goods, supplies and services at prevailing rates. If an order is cancelled prior to installation the deposit paid shall be non-refundable. All goods remain the property of Stoves Man Ltd. Payment is accepted by cheque, cash, debit or credit card or bank transfer.
Payment may be made by Cash, Visa or MasterCard Credit Card, or by BACS transfer to Our bank account. Payment in full is due on completion of all works. Interest on overdue invoices shall accrue from the date that payment its due until the date of payment after as well as before any judgement at a rate equal to four percent above the base lending rate. If you cancel and order We reserve the right to charge You for all the work done up to that time and all expenses. We have incurred in connection with the Order including a twenty-five percent administration charge.
All delivery dates are estimates and as such, We do not accept any liability for delays in delivery or loss due to factors beyond our control.
Delivery and Acceptance
You must inspect supplied equipment as soon as possible after delivery and notify Us of any alleged defects or non-compliance of the description of the equipment within twenty-four hours. The equipment is at Your risk from the time of delivery and no liability will be accepted by Us for damage or loss to the equipment after the time of delivery. Failure of notification will be deemed as conclusive acceptance that the equipment is in accordance with the contract and free from any defects or damage which would be apparent on examination.
Retention of Title
Notwithstanding delivery of the equipment to You or Your premises, property and ownership of the equipment shall not from Us until the full outstanding balance owed, including VAT, has been paid in full to Us. We shall be enticed to recover the price including VAT notwithstanding that property in the equipment has not passed from Us. Until property and ownership in the equipment passes from Us You will on request deliver up the goods or equipment. We may enter any premises owned occupied or controlled by You where the equipment is situated and repossess it. You shall not charge by way of security for any indebtedness any of the equipment which is Our property and if You do so all sums owing by You to Us shall immediately become due and payable without prejudice to Our other rights against You.
Where quarried goods are supplied, such as natural stone or marble, these may be subject to variations in colour, veining and natural faults. Samples shown are to give a general impression of appearance. We do not undertake that any goods supplied will match any sample shown. On your acceptance of the quotation, it is Your responsibility to ensure all materials chosen are correct. As oak is a natural product, variation between pieces is very common and something beyond our control. Please use colour samples as a guide as like-for-like appearance cannot be guaranteed, therefore we cannot accept any responsibility for any return costs that may be incurred. As the timber adjusts to the environment within Your room further cracking, twists, splits and changes of colour can be expected. We cannot guarantee cracks or knots will be present as each piece of timber is unique. The above is considered part of the ageing process and none of which can be guaranteed.
Guarantees and Liability
For a complete system, providing that You have used and maintained the system and its components per the operating manual, We will replace or repair any parts which fail or no additional charge up to twelve months from the date of commissioning the complete system. Any other equipment supplied by Us has the benefit of the relevant manufacturer’s guarantee which is subject to the terms and conditions laid down by the manufacturer. Except in cases where We have been contracted to install and commission the equipment, You are responsible for ensuring compliance with the manufacturer’s terms and conditions. In all cases, You must operate the equipment per the manufacturer’s terms and conditions. In the event of a suspected fault, You must inform Us promptly. If the equipment is found to be in satisfactory working order or if the fault has been caused by Your failure to observe the manufacturer’s guarantee terms and conditions, We will You will be charged for all costs incurred inspecting the equipment.
We design systems based on Your requirements and locations as notified by Us to You. We will provide a full technical specification for any equipment or systems in any quotation on request but it is Your responsibility to ensure that equipment or systems ordered meet the requirements and specifications of You and Your customers.
If equipment or systems supplied by Us are defective or in breach of the contract Your sole remedy shall be limited to Our repairing or replacing the equipment, or at our election refunding part of the price. Our liability to You in respect of any breach of contract shall in no circumstances exceed the value of the price. We shall in no case be liable to You for loss of profit or any other indirect loss or expense suffered by You as a result of any breach of contract by Us.
We shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Government restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves Our employees or not or by reason for any other matter or thing beyond Our reasonable control.
If scaffolding is required then it shall be erected before installation and will be dismantled after completion at a time convenient to the scaffolding company. Accordingly, we cannot accept any liability for any claim arising out of dismantling the scaffolding. The nature of scaffolding is such that tiles and guttering can be damaged during erection, use or removal. As a result, we accept no liability for any such damage caused.