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THE WOOD STOVE SHOP LTD
– CONDITIONS OF SALE
- ORDERS
All orders are accepted only upon, and subject to, the following conditions;
these terms and conditions shall prevail over any terms and conditions in the Buyer’s
order, and any previous terms and conditions of The Woodstove Shop LTD whether oral or in writing.
SPECIFICATIONS Whilst every endeavour is made to supply goods illustrated in the
manufacturers brochures, any photographs, descriptions, specifications, illustrations or
advertising matter represent generally The Woodstove Shop LTD’s goods offered, but shall not constitute a sale by description. The
Woodstove Shop LTD reserves the right to
supply similar but not identical goods to those illustrated provided that the overall
construction and design has not been altered fundamentally. Further any deviation shall
not be taken to vitiate any contract and shall not form the grounds for any claim against
The Woodstove Shop LTD.
PRICE LIST The Woodstove Shop LTD
reserves the right to alter prices quoted on the Standard Prices Lists at any time.
VALUE ADDED TAX VAT is charged at the standard rate. If there is any increase in the
rate of VAT between the date of the acceptance of order by The Woodstove Shop LTD and the date of actual delivery to the Buyer then the
increase shall be paid by the Buyer.
CANCELLATION OR AMENDMENT Orders are accepted only on condition that no cancellation
or amendment shall be made without The Woodstove Shop LTD prior written consent which consent shall not be unreasonably refused.
Cancellation of any order by the Buyer shall be subject to a cancellation charge of 15% of
the value of the goods at the date of the acceptance of the order and a certificate signed
by a Director of The Woodstove Shop LTD as to
the value of the goods and the amount of the cancellation charge shall be conclusive in
the absence of any manifest error.
CARRIAGE Carriage costs to a Buyer or an Appointed Agent are not included in the
prices indicated in the Standard Price Lists. In all circumstances carriage costs shall be
chargeable and are calculated on distance and weight.
DELIVERY AND SITING OF STOVES Stoves, cookers, boilers and industrial boilers can
NOT be sited by our delivery driver or delivery contractor. We can only be responsible for
delivering the appliance to your premises or to the end of a hard road, suitable for a
lorry of 8 tonnes laden weight. The siting of the appliance is the responsibility of the
Buyer, installer, builder or employees of same. Any alterations to these conditions,
verbally or otherwise, must be in writing and signed by a director of The Woodstove Shop LTD.
LIABILITY FOR LOSS OR DAMAGE The goods shall be at the risk of the Buyer from the
date that the goods are collected by the Buyer or delivered either by The Woodstove Shop LTD or The Woodstove Shop LTD’s carrier to the Buyer direct or by The Woodstove Shop LTD to a carrier where such carrier has been nominated by
the Buyer. The Woodstove Shop LTD shall be
liable to repair or replace all of its goods where there has been loss or deterioration of
or damage to the goods either before or during transit if risk has not passed to the Buyer
at the time of such loss/deterioration or damage. The Woodstove Shop LTD shall not however be liable for any economic or consequential loss howsoever
arising/resulting from any such loss/deterioration or damage.
CLAIMS FOR LOSS OR DAMAGE If goods are damaged the Buyer must not accept delivery
until the person delivering enters on his delivery note the nature and extent of the
damage. The Buyer must then send copies of the delivery note to the local depot of the
carrier if delivered by The Woodstove Shop LTD’s
carrier and to the Woodstove Shop LTD within
seven days. Failure to do so may result in a defective claim. Goods must be retained at
the place of delivery with all wrappings, boxes etc., for inspection by The Woodstove Shop
LTD or a representative of The Woodstove Shop LTD pending The Woodstove Shop LTD’s instruction as to disposal.
GUARANTEE Whilst not seeking to avoid guarantees where the Buyer or Agent of The
Woodstove Shop LTD requires any complaint
under a guarantee it must first be investigated by an Agent or Representative of The
Woodstove Shop LTD to ascertain whether the
claim falls properly within the ambit of the Guarantee following which The Woodstove Shop LTD will take the necessary action. Where it is obvious
from the circumstances that an Agent or Buyer has failed to investigate a claim and there
proves to be no malfunction of the appliance within the terms of the Guarantee The
Woodstove Shop LTD shall charge the Agent or
Buyer such a reasonable amount as shall compensate The Woodstove Shop LTD for its time and expenses and a certificate signed by a
director of The Woodstove Shop LTD shall be
conclusive and binding apart from any manifest error.
DESCRIPTION The description ‘Wood Burning Stove’ is a loose term and does
not imply any given performance. For appliances supplied by The Woodstove Shop LTD any specific details may be obtained from The Woodstove
Shop LTD in writing and signed by a Director
of The Woodstove Shop LTD.
MANUFACTURERS OR IMPORTERS CLAIMS Manufacturers or importers brochures generally
claim or state maximum outputs on DRY WOOD with a moisture content of 20% OR LESS. Because
of chimney conditions, wind speed, and species of wood there are variables from appliance
to appliance and they may not perform as stated in a given installation.
FITTING INSTRUCTIONS Fitting instructions as supplied by The Woodstove Shop LTD and or the manufacturers or importers MUST be adhered
to and signed for on collection or delivery to the Buyer. Failure to comply with these
instructions or sign for them will not negate responsibility of the Buyer to comply with
these instructions and any statute fire regulations or building code byelaws that exist.
TERMS OF PAYMENT An invoice will be despatched to the Buyer as part of the procedure
whereby The Woodstove Shop LTD arranges for
delivery of an order. The Buyer must pay for the total on the invoice on or before
delivery or collection.
TITLE Property in the goods will only pass to the Buyer on payment of the purchase
price in full (together with interest thereon if applicable) and, until so paid, the Buyer
will hold the goods or the proceeds of sale thereof as Agent for The Woodstove Shop LTD.
FORCE MAJEURE The Woodstove Shop LTD is
under no obligation or liability (whether for breach of contract or negligence including
economic or consequential loss) in respect of delay or failure in delivery of the goods
comprised in any order or contract caused directly or indirectly by reason of war,
strikes, lockouts, or other labour troubles, breakdowns, delays in transport, accidents,
delay in obtaining material, fire, governmental prohibition or restriction, or other
circumstances beyond control of The Woodstove Shop LTD.
INTELLECTUAL PROPERTY RIGHTS So far as The Woodstove Shop LTD is aware no goods supplied under this contract infringe the intellectual
property rights of any third party whether such rights take the form of letters patent
registered design, registered copyright, copyright, trademark or any similar right (but no
warranty , express or implied is given against the existence of any such right)
DEFAULT If the Buyer defaults in paying any sums due or exceeds the credit limit as
agreed from time to time between The Woodstove Shop LTD and the Buyer or if any distress or execution is levied upon the Buyer his
property or assets or if the Buyer makes or offers to make any composition with creditors
or commits any act of bankruptcy or act which would be an act of bankruptcy if committed
by an individual, or if any petition be presented for a receiving order in the case of an
individual, or liquidation in the case of a company or if the Buyer being a company is
deregistered by the Registrar of Companies, The Woodstove Shop LTD shall be entitled at any time thereafter to determine the contract without
derogation from its right recover money due and damages.
COVENANTS All obligations on the part of The Woodstove Shop LTD under these terms and conditions are subject to the terms of payment and other
conditions and obligations herein contained being observed by the Buyer.
LAW This contract shall be construed in accordance with the English Law.
NOTICES AND PAYMENT Any communications to The Woodstove Shop LTD by the Buyer shall be made in writing and shall be delivered or sent to The
Woodstove Shop LTD at its address as per the
acceptance of order and the invoices. Payment shall be remitted to the same address where
applicable and the Buyer must be certain to quote the invoice number.
GENERAL The parties expressly agree that should any limitation or provision
contained in this contract be held to be invalid under any applicable statute or rule of
law it shall to that extent be deemed omitted and if The Woodstove Shop LTD thereby becomes liable for loss or damage which
otherwise has been excluded such liability shall be subject to the other limitations and
provisions herein contained.
ENTIRE AGREEMENT These terms and conditions form the entire agreement between the
parties and no variation or alteration shall be made except in writing signed for and on
behalf of The Woodstove Shop LTD. Further no
warranty, condition, description, or representation is given or to be implied by anything
said or written in the negotiations between the parties or their representatives.
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