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Terms of Supply of Products

CLAYTON HORSNELL LIMITED (hereinafter referred to as “We” or “Us”)

GENERAL TERMS AND CONDITIONS OF SUPPLY

PLEASE TAKE THE TIME TO CAREFULLY READ THIS DOCUMENT BEFORE YOU PLACE AN ORDER ON www.eastgateradiators.com (OUR “WEBSITE”). BY ORDERING PRODUCTS FROM OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF SUPPLY SET FORTH BELOW (“TERMS OF SUPPLY”)..

  1. DESCRIPTION PRODUCTS SOLD ON OUR WEBSITE
    1. The images of the products which include (without limitation) heating equipment and bath ware displayed on our Website (the “Product(s)”) are for illustrative purposes only.
    2. For your convenience, all Product descriptions can be found on the individual product pages. Please kindly note that from time to time, manufacturers may alter their designs for Products and unfortunately this is not something We have any control over.
    3. Although We try our best and take every care to ensure that the product image displayed on the Website and the packaging is an accurate representation of the end Product and packaging, there may be slight variations to the end Product and packaging compared to the image displayed on the Website due the print and photography process.
    4. Wherever available to Us, We provide technical documentation and fitting instructions on the individual product pages. If there is insufficient information for your buying decision, please do feel free to contact our sales team, who are always willing and happy to make further enquiries with the manufacturer on your behalf.
  2. HOW WE USE YOUR PERSONAL INFORMATION
    1. We take great pride in our customers and want to ensure that you feel secure and comfortable when visiting our Website. Therefore, We take the protection and confidential handling of your personal data very seriously.
    2. As We are completely transparent with our customers, We would like to inform you that to purchase any Products on our Website you must register by providing:

      your real name; your telephone number and email address; your registered cardholder address (if you are using a credit or debit card); and your delivery address in the United Kingdom. This cannot be a PO Box, hotel or other temporary accommodation address.

    3. You can take comfort in knowing that We only use your personal information in accordance with our Privacy and Cookies Policy found at: [insert link] to enable safe and timely delivery of the Products you order and to notify you of any exciting new offers We may have in store for you.
    4. We would greatly appreciate it if you could take the time to carefully read our Privacy and Cookies Policy, as it includes important terms which apply to you and We want you to completely understand your rights in regard to all information and data you supply Us about you.
  3. IF YOU ARE A CONSUMER
    1. This section 3 only applies if you are a consumer.
    2. Unfortunately, if you are a consumer, you may only purchase Products from our Website if you are at least eighteen (18) years old as We cannot enter into a legal binding agreement with a minor below the age of eighteen (18) years.
  4. IF YOU ARE A BUSINESS CUSTOMER
    1. This section 4 only applies if you are a business.
    2. If you are not a consumer, you must confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
    3. You affirm that you will not make any promises, representations, warranties or guarantees without our prior written consent with reference to the Product or otherwise incur any liability on behalf of Us.
  5. PLACING OF AN ORDER AND ACCEPTANCE
    1. Your Order is important to Us and We greatly value your business. If you place an order for Products on our Website (an “Order”) this implies that you agree and accept these Terms of Supply and you enter into a legally binding agreement with Us.
    2. Order acceptance is made based on our sole judgement, but Orders are normally accepted if the Products are available and the product payment method utilized is authorised for the transaction.
    3. If for any unfortunate reason an order is rejected, We will immediately contact you in this instance to advise you of the reasons for rejection and advise any mediating steps to try and resolve the matter.
    4. We try our very best to honor all Orders placed on our Website but if We cannot supply any of the Products set out in your Order, We may offer you an alternative product. Acceptance of the alternate Product is completely at your discretion and you may reject the offer of an alternative product, in which case We will promptly refund the price paid for the Product that We cannot supply to you.
  6. PRICE AND PAYMENT TERMS
    1. Prices for Products are set by Us and are clearly detailed on the relevant Product page. We reserve the right to change any advertised price at any time. This is owing to regular changes in the price of materials, such as base metals and the cost of production which is beyond our control. Prices amendments are made as soon as possible once We have been informed by the manufacturers.
    2. Whilst We make every effort to ensure our prices are correct, there may be occasions when We discover that a Product currently listed has been mis-priced. In such instances, We will remove the Product from sale and edit it. In such circumstances, We would not be able to honour the incorrect price and We will notify you of the actual price immediately. We apologies in advance for any inconvenient this may cause you. Please note that if you are not happy with the actual price you have a right to cancel your Order and We will prompt reimburse you of the price already paid.
    3. All prices of the Products displayed on the Website shall be in Pounds Sterling (£) including VAT and delivery charges.
    4. Payment for Products on our Website may be made by Credit Card, Debit Card, Cheque, Bank Credit Transfer and Paypal. The following cards are acceptable, however if you are having trouble in making payment please free to contact one of our customer representatives:

      Visa Mastercard Maestro Visa Electron/Delta JCB Diners Club Credit Pay 4 Later

    5. Kindly note that no credit accounts are available. Products ordered must be paid for in full in advance of delivery.
    6. The final price payable for the Products, including the delivery charges and VAT where applicable is set out in the Order confirmation page. You can rest assured that there are no hidden charges.
    7. We encourage all our customers to place their Orders online and pay using our secure payment provider. All card transactions are made using SagePay. This means that your credit card details are safe and secure and are not handled by a person.
    8. If you are not able to complete the payment process online, We are able to process orders by telephone. We take every effort to ensure that this method too is as secure and safe as possible so please contact our customer representatives if you encounter a problem when trying to complete a payment process online – they will be delighted to help you.
    9. You own the Products once We have received payment in full, including all applicable shipping/delivery charges
  7. SHIPPING CHARGES
    1. For Orders where the delivery address falls within the Standard Delivery Area the shipping charge is automatically calculated on all Orders placed on our Website.
    2. We reserve the right to apply a surcharge for deliveries made to the following postcode areas: AB, BT, GY, HS, IM, IV, JE, KW, PA, PH, ZE. The surcharge will be charged at the shipping carrier's rate to deliver to locations within these areas. If you require delivery to any of these areas We advise you to contact Us directly for further details before submitting an Order.
    3. As We do not currently have a facility to automatically calculate the shipping charge for Orders requiring delivery to an address outside of the Standard Delivery Area, if you require delivery outside of the Standard Delivery Area please feel free to contact Us for a shipping charge quotation.
    4. We reserve the right to reject any Order requiring delivery outside the Standard Delivery Area were the shipping charge is not agreed to in writing.
    5. Any change made to the Order may result in the shipping charge for the Products being recalculated. The recalculated shipping charge will be borne by Us if the changes made to Order are instigated by Us. The recalculated shipping charge will be borne by you if the changes made to Order are instigated by you.
    6. The price paid for any non-standard delivery services (for example, but not limited to "Express", "Next Day”, "Nominated Day") are non-refundable.
    7. The price of re-deliveries (i.e. any subsequent delivery that is required due to the original delivery not being completed) will not be bound by this pricing model and will be charged at the shipping carrier's rate.
  8. DELIVERY
    1. Delivery of the Products shall be made by the delivery carrier of our choice to the delivery address shown in the Order. It is important that the delivery address on the Order is accurate. Please take the time to check if the delivery address is accurate on any correspondence you receive from Us.
    2. You will be advised by email of the delivery date following acceptance of the Order. For this reason, it is important that your email address is correct and able to accept incoming mail.
    3. We shall adhere to delivery dates as far as possible, but delivery dates are only given by way of indication and We accept no liability for late delivery for any reason. We further reserve the right to make partial deliveries. We therefore respectfully ask that you do not arrange for a plumber or other tradesperson to fit/install your Products until you have checked and received your Order in full.
    4. We take the time to ensure that all our Products are specially prepared for delivery. For larger items, this means that We construct a supported pallet to ensure a safe delivery. On smaller items, care is taken to ensure that the Product is securely wrapped for courier delivery or Royal Mail shipping.
    5. You may complete an Order on our Website using the 'collection/non-delivery' option and arrange your own delivery/shipping means for the Product. However, We would advise you that in the event of damage during transit, you would need to look into damage claims with your own courier, which, from our previous experience can be a lengthy process. It is for this reason that We recommend you use our delivery/shipping carrier.
    6. Any shipping charges to return Products to Us (excluding for damaged or faulty Products) will be your responsibility.
    7. Please note that arranging a date and time for a delivery constitutes a contract between yourself and the delivery carrier that you will be there and ready to accept the Product at the time you specify.
    8. If you are not in when a delivery is attempted, an 'attempted delivery card' will be left at your home with a contact number for your local courier depot. Please contact them to arrange a suitable re-delivery date. Please note that you may be charged a full delivery fee again for any subsequent redelivery attempts (if any).
    9. Heavy or bulky Products (i.e. oil boilers, large radiators etc.) may require lifting or loading into your home beyond what our delivery carrier can provide. You must ensure adequate facilities are available to assist with lifting or loading if you are expecting heavy or bulky Products. The delivery carrier is only expected to deliver the Products to your doorstep and is not expected to carry the Products into your home.
    10. Subject to section 8.11, if your Products takes longer than thirty (30) days to be delivered to you, We will notify you by e-mail. In the rare event of delayed delivery (in excess of 30 days) you have the choice to either wait for the Products to be delivered, or request a complete refund. We will honor your decision. Requests for refunds must be made in writing by e-mail, fax or letter to Us.
    11. Please kindly note that We accept no liability for delay or failure to meet any of our obligations under these Terms of Supply in the case of force majeure or an act of God such as strikes, epidemics, wars, requisitions, fires, floods, accidents, shortages of parts in production, interruptions or delays to transport, foreign trade regulations or any other cause or event beyond our control.
    12. Late delivery not exceeding thirty (30) days shall not under any circumstance justify cancellation of the Order or a claim for losses, damages, costs and expenses ( “Losses”).
    13. If We fail for any reason within our control to fully/partially deliver the Products any reimbursement shall be no more than the price of the Products, together with any delivery and/or reasonable return costs.
  9. INSPECTION AND ACCEPTANCE OF PRODUCTS ON DELIVERY
    1. When your Order arrives, you will be asked to sign a delivery note stating that you have received the Product and that it is in good condition. Please take the time to check both the external packaging and the Product itself for any damage.
    2. If you find any damage, you have the choice of signing for the delivery as “DAMAGED” or rejecting the delivery entirely. Please note if you sign for the delivery as damaged, the courier will leave the damaged Product with you; they will only take away full deliveries that have been entirely rejected.
    3. If you are having multiple items delivered and only some products are damaged, please sign 'DAMAGED' for the Products that are damaged. You have the choice of accepting the undamaged Products or rejecting the entire delivery.
    4. If someone else is signing for the Products on your behalf, you agree to ensure that your nominated signatory checks the Products prior to acceptance.
    5. You agree to accept full responsibility for any loss or damage if the nominated signatory signs on your behalf and fails to check the delivery prior to its acceptance.
    6. You agree to indemnify Us in full for any Losses We suffer as a result of your accepting the Products and signing a delivery note without checking the Products for damage.
    7. All Products must be signed for by an adult aged 18 years or over on delivery.
  10. SPECIAL INSTRUCTIONS FOR HEATING APPLIANCES
    1. Upon delivery of any heating appliance, you should check the product description on the external packaging to ensure that the description matches the Product's description on the Order. If you suspect that you have been sent the wrong Product, you should inform Us immediately.
    2. When installing a heating appliance or similar product please ensure that it is done by a qualified heating engineer. You must have the heating engineer check and confirm the heating appliance is suitable for the purpose of purchase. Only once suitability has been confirmed should the external packaging be opened.
    3. IMPORTANT: Please retain the external packaging until the heating appliance has been confirmed as fully functional. If the heating appliance has to be returned, it will need to re-packaged properly to avoid damage in transit.
    4. The qualified heating engineer should also confirm that the heating appliance is undamaged and ready for installation. If the qualified heating engineer suspects the heating appliance has been damaged, you should inform Us immediately.
    5. Following installation, your qualified heating engineer should test and confirm that the heating appliance is fully functional. If for any reason the heating appliance is not functional you should ensure all safety precautions have been taken and inform Us immediately.
    6. Otherwise, you or the qualified heating engineer should register the heating appliance with the manufacturer to ensure you take full advantage of any extra warranties that are available. Details of manufacturer warranty schemes will generally be found with the heating appliance. If you cannot locate them or have any other concerns please contact Us for assistance.
  11. RETURN POLICY
    1. Unfortunately We will not accept any returns of Products following signature of the delivery note that do not contain a note stating that the Product is “Damaged” for apparent and visual damage to the Products on inspection.
    2. If you do not accept the Products due to some visual defect/damage to the Products you shall thereafter within three (3) days from delivery send Us an email detailing the defect/damage to the Products and return the Products to Us within fourteen (14) working days after delivery(“Return Period”).
    3. In the case of latent defects, please read section 13 below.
    4. Please kindly ensure that all Products that are to be returned must be securely packaged in a hardy box (similar to the original packaging), or be returned inside the packaging it was delivered in for protection. All Products remain your responsibility until they reach our warehouse, therefore please make sure that the parcel is packed properly before return. Please ask your postal service for a proof of posting receipt which you must keep hold of, as this is your proof of return.
    5. In the event that a Product is returned to Us in an unsuitable condition, or if the order is returned outside of the Return Period, it will be rejected by our warehouse and returned to you.
    6. You have a "Duty of Care" for any Products delivered to you. Duty of Care requires that all Products delivered to you are returned complete with all accessories and instructions intact. The original packing must also be returned in reasonable condition. You will be liable for the total price of any Products that are returned incomplete, or that otherwise do not meet the Duty of Care expectation.
    7. We cannot accept returns or any form of responsibility for personalized or customised Products that have been made or altered to incorrect specifications. You are advised to ensure the accuracy of any specifications you give to Us.
    8. Your right to return Products will not apply in respect of Products with security seals that have been tampered with or broken. Security seals are present on Products to protect consumers and ensure that Products received are in a factory perfect condition and pose no risk to security and/or safety. By breaking the security seal on Products that you have received, you acknowledge that Products are non-returnable.
    9. You hereby accept and understand that the sole remedy available to you for returns shall be the replacement of the Product purchased by you at our cost or a refund of the price paid for the Product, in the event the Product is out of stock.
  12. INSTALLATION OF PRODUCTS
    1. You or any 3rd party employed to perform installation should not attempt to install visibly damaged Products as installation shall be regarded as confirmation that the Products have been delivered to you in good condition. This condition does not apply to faults that could not have been discovered under reasonable inspection prior to installation.
    2. We will not accept liability for any Products damaged during installation by you or any 3rd party.
    3. Following installation, you or any 3rd party employed to perform installation will be responsible for identifying, repairing or replacing any problem/fault with the Products.
  13. PRODUCT GUARANTEE
    1. The guarantee only covers use for which the Product was designed. All guarantees are the responsibility of the manufacturer, except where Products are guaranteed directly by Us.
    2. All our items are designed for UK installation only. If you choose to install your Product outside of the UK, you do this at your own risk. Manufacturer guarantees will not apply in this case.
    3. The guarantee period and relevant details shall be specified on the Guarantee card provided to you with the Product (if any) (“Guarantee Period”).
    4. In the event of a defect within the Guarantee Period, you may contact the manufacturer of the Product to either replace or repair the Product in accordance with the terms of the Guarantee card provided to you with the Product.
    5. 13.5 You should note that certain manufacturers do not accept responsibility for any replacement or repair of the Product other than as agreed in writing by the manufacturer or by Us. In any event a guarantee provided with the Product shall not apply in the following cases which shall include (without limitation):

      (a)   use of the Product in a manner other than as instructed and/or recommended by the manufacturer or by Us,

      (b)   connection to electrical installations that do not comply with good practice or with the protection and safety standards in force,

      (c)  Losses resulting from malfunction in an electrical installation, power surges, lightning strike, impact, fall or abnormal or non-compliant use of the equipment, intervention, repair, or alteration by a third party not authorised by Us; and

      (d)  normal wear and tear, negligent maintenance or storage of the Product.

    6. You should further note that the terms detailed in this section of our Terms of Supply is subject to any additional terms detailed in the guarantee card and all claims under the guarantee must be made in writing prior to the expiration of the Guarantee Period.
    7. Repair and/or replacements of Products under the guarantee shall not extend the Guarantee Period or initiate the start of a new Guarantee Period.
  14. RISK AND TITLE
    1. Risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you.
    2. You do not own the Products until We have received payment in full.
  15. LIMITATION OF LIABILITY
    1. We may accept liability for damage to the Products proven to have been caused by our negligence.
    2. We cannot accept liability for any indirect or intangible losses (loss of revenue, salaries or other income, shortfalls, etc.), for damage you could have avoided or limited by reasonable preventive action (application of instructions for use, maintenance, etc.) or for the Losses excluded from the guarantee as detailed in section 13.5 above.
    3. Notwithstanding anything to the contrary in these Terms of Supply and to the maximum extent permitted by the applicable law, our total liability to you in respect of Losses arising under or in connection with these Terms of Supply or the Product in respect of an event or a series of related events, whether as a result of breach of contract, breach of warranty, breach of statutory duty, negligence or other tort, shall not exceed the total price of the Products paid.
  16. HEALTH, SAFETY AND USE OF THE PRODUCTS
    1. We are committed to the promotion of health and safety and regard for the environment in respect of all our activities. We shall from time to time issue health and safety recommendations, instructions and warnings with the Products and you shall be responsible for ensuring that the Product users observe the instructions and recommendations.
    2. You shall ensure that all installations and equipment used with the Product are installed, maintained and operated in such manner as to avoid accidents which could have reasonably been anticipated.
    3. You undertake at all times to use the Product in strict compliance with the recommendations, instructions and warnings that We or the manufacturer have provided with the Product. We accept no liability for any Losses to the Products or persons resulting from non-compliant use of the Product or non-compliance with our or the manufacturer’s instructions or recommendations.
  17. YOUR DUTIES
    1. You acknowledge and agree:

      (a)   to accept sole responsibility for ensuring the removal and treatment of waste from the Products is in accordance with the applicable laws in England and Wales; and

      (b)   to observe all directions and instructions given to it(you?) by Us or the manufacturer in relation to the use of the Products and in the absence of any such directions or instructions in relation to any particular matter, to act in such manner as you reasonably consider to be most beneficial to our interests and our customers interests

  18. CHANGES TO THESE TERMS OF SUPPLY
    1. We may revise these Terms of Supply at any time by amending this page.
    2. Please check this page from time to time to take notice of any changes We make, as they are binding on you.
  19. CONTACT
    1. Any questions, comments and requests regarding these Terms of Supply are welcomed at any time. You can contact Us at 0870 218 4499.
  20. SEVERABILITY
    1. Notwithstanding that the whole or any part of any provision of the Terms of Supply may prove to be illegal or unenforceable, the other provisions of the Terms of Supply and the remainder of the provision in question shall remain in full force and effect.
  21. JURISDICTION
    1. These Terms of Supply shall be governed by and construed in accordance with the laws of England and Wales.