Terms and Conditions of Sale
These Terms and Conditions are the standard terms for the sale of goods by Central Chimneys LTD, a company registered in England under 12465817 of 24 Langsmead, Blindley Heath, Lingfield, England, RH7 6JT.
In these terms “”We”, “Us”, “the Seller” “The Company” means Central Chimneys of 24 Langsmead, Blindley Heath, Lingfield, RH7 6JT and “You” or “the Buyer” means any person placing an order with the Company for the purchase of goods (“Goods”) or services.
1. Order, Acceptance and Price
1.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller shall constitute acceptance of the Terms and Conditions contained herein.
1.2 Unless otherwise stated, all quotations will be exclusive of any removal, builder’s work, scaffolding/safe access arrangement, specialist protecting and dust extraction, roofing works, decoration and making good to walls/floors, gas, electrical and plumbing work, protection of goods once installed and weekend/out of hours working.
1.3 The total cost of your order will be the cost of Goods plus any applicable delivery or installation charges. The total cost will be stipulated at the time you place your order.
1.4 All orders will be deemed to be accepted when the deposit monies have been received.
1.5 The Company reserves the right to cancel an order at any time before the order is despatched and/or before the Goods are manufactured in the following circumstances:
The Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or
An event outside of our control continues for more than 5 weeks
(please see Clause 8 for events outside of our control).
1.6 The Company reserves the right to reflect any increase in its costs resulting from:
any increase in the supplier’s prices;
any alteration in or addition to the Buyer’s requirements;
the Buyer’s instructions or lack of instructions;
any interruptions, delays or additional overtime work arising from the causes for which the Company is not directly responsible;
any increase in (or new) tax, duties or levies (including VAT) imposed on the Goods;
1.7 The price quoted shall be inclusive of VAT and any other taxes and duties that may be applicable.
2.1 The Company accepts no responsibility for the installations of goods undertaken by any third parties not recommended by the Company to the Buyer.
2.2 Installation of a flue liner, chimney or fireplace is subject to a technical survey to determine whether the goods specified are suitable or to specify suitable goods.
2.3 Should any additional time or monies be required to complete the work, we will communicate this to you. If the works are not completed within the time allocated, we will endeavour to complete it at the soonest opportunity.
2.4 Any work requiring roof access is weather permitting. In the event of bad weather, we will reschedule the installation to take place at the next available installation date, this may cause a delay in completion of the works.
2.5 The Company may recommend carrying our a ‘test pull’ before the Buyer commits to ordering the flue materials.
2.5 It is the Buyer’s responsibility to liaise with neighbours regarding “The Party Wall Act 1996”, the arrangement of scaffold permits, parkin bay suspension and ensuring the relevant planning permission is obtained (if required).
3. Chimney Sweeping
3.1 Unless otherwise specified, chimney sweeping, integrity testing and CCTV surveys will not require a survey or assessment before the works are carried out.
3.2 The Company may require to speak with the Buyer to understand what work needs to be completed and in some cases the Company may request photographs.
3.3 Chimney sweeping is a prerequisite to integrity testing, CCTV inspections and/or relining the chimney. Chimney sweeping and testing is also a prerequisite to installing a working compliance to confirm the chimney is sound and meets regulations.
3.4 Integrity testing requires safe access to the roof. In some instances, we will require you to make arrangements with the owners of other properties in your building to allow us to investigate the entire length of the chimney for potential leakage. Without this access we will be unable to pass your chimney integrity test.
4. Description of Goods
4.1 Some materials we use are natural products and therefore cannot be guaranteed for continuity of appearance. We exercise due care in the selection of these materials for each individual order but in some instances unavoidable variations may occur. Natural materials such as natural marble, wood and slate stone are susceptible to unpredictable markings, graining, colour and shade. They may also have lines, veining, gaps and open crevices. The products may therefore vary from order to order. We advise that the material is viewed before manufacturing where possible.
4.2 Photographs, illustrations and descriptions provided on the website or other forms of marketing provided by us are for illustrative purposes only and may not exactly match the goods themselves.
4.3 The Company reserves the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
5.1 The risk for the Goods remains with the Seller until the Goods have been delivered to the Buyer. All risk for the Goods passes to the Buyer on delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these Terms and Conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
5.1 Payment can be made via telephone, BACS, through an online portal which will be provided to the Buyer by the Company or in person by card via Stripe payment.
5.2 Unless otherwise specified, the Company’s terms of payment are for an advance deposit of 50%-75% for Chimney repair, chimney and fireplace installations.
5.3 For chimney cleaning, chimney safety testing, chimney surveys/inspections, a booking deposit for 50% of the order total will be payable before confirming the appointment. The remaining balance will be due immediately on completion of works.
5.4 Any certificates/reports will not be issued until payment is received in full.
5.5 All materials remain the Company’s property until full payment has been received.
5.6 It is the Buyer’s responsibility to ensure that somebody is present on the agreed date/time to make payment of remaining balance.
5.7 The Buyer shall not be entitled to withhold payment of any invoice by reason of any right or set off or claim or dispute with the Company, whether relating to the quality or performance of the Goods or otherwise.
5.8 If payment is not received by the due date then interest shall thereafter be payable on the outstanding balance at the rate of 3% per annum above the base lending rate of Barclays Bank minimum lending rate, accruing daily.
6. Cancellation by the Buyer
6.1 To exercise the right to cancel, the Buyer must inform the Company of their decision to cancel in writing.
6.3 The right to cancel does not apply to Goods supplied to the Buyer’s specific specification, bespoke orders or Goods that have been made-to-measure.
6.4 On receipt of your notice to cancel, the request will be considered and if agreed any sum debited to the Company will be re-credited to the Buyer’s account within 14 business days.
6.5 The company reserves the right to deduct any restocking fees or any other costs it may incur from ordering or returning materials from the amount to be re-credited to the Buyer.
6.6 Should you wish to cancel or rearrange your chimney sweep or testing appointment you must notify us at least 48 hours before the agreed date. Cancellations within 48 hours of the agreed appointment may be subject to a £36.00 cancellation fee. There will also be a £48.00 aborted visit fee should we be unable to gain access to the property on the agreed date.
6.7 Should you wish to cancel or rearrange your chimney repairs, chimney installation and/or fireplace installation appointment you must notify us at least 48 hours before the agreed date. Cancellations within 48 hours of the agreed appointment may be subject to a £250.00 cancellation fee and material re-stocking fee. There will also be a £350.00 aborted visit fee should we be unable to gain access to the property or commence/complete works due to no fault of own.
7. Our Liability
7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
7.2 We will not be responsible for any loss or damage that is not foreseeable.
7.3 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
7.4 You are responsible for the use you make of the Goods or Services you order. We will not be liable to you for any loss or damage that is not reasonably foreseeable or for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
7.5 We accept liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
7.6 Nothing in these terms and conditions seeks to exclude or limit your statutory legal rights.
8. Force Majeure
8.1 We will not be in breach of these Terms and Conditions for any failure or delay in performing our obligations where that failure or delay results from any act of God, fire, act of government or state, act of third party war, civil commotion, insurrection, act of terrorism, embargo or other reason beyond its reasonable control.
9.1 It is the Buyer’s responsibility to inspect the Goods on delivery and notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote within seven days.
9.2 The Buyer shall allow the seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way.
9.3 Failure to comply with these provisions will allow the Seller to presume that the Goods are free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited (at the Seller’s discretion) to either replacing the Goods or repairing the Goods.
10.1 Subject to the conditions of warranty set out in Clause 10.2 the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within twelve months of the date of delivery (time being of the essence), then the Seller will either (at the Seller’s sole discretion) repair the defect or remedy the workmanship.
10.2 The conditions applicable to the warranty given by Clause 10.1 are:
(a)The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) Failure on the part of the Buyer to properly maintain any Goods e.g. abide by required service intervals; or
(ii) Failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or
(iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.
(c) In respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyer’s claim.
10.3 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. Whilst the Seller shall honour such warranty the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11. Complaints Procedure
11.1 We pride ourselves on delivering the best service and products for our customers. In the unlikely event that you are dissatisfied, please contact us in writing within 7 days of your installation. We aim to respond within 5 working days of receiving your complaint and where possible, we will provide you with a date to remedy any issue raised.
12. Governing law
12.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.