Thermogroup Ltd Terms and Conditions (0116)
(a) The “Supplier” means Thermogroup Ltd its agents and assigns;
(b) The “Purchaser” means the individual, individuals, firm or company purchasing goods from or otherwise dealing with the Supplier;
(c) The “Goods” means any and all items supplied by the Company to the Purchaser.
(d) An application for the opening of a credit account with the supplier shall include an undertaking by the purchaser that he/she has read and agreed to the supplier’s Terms & Conditions herein.
2. Application of Terms
(a) All quotations and price lists are given and all orders are accepted on these terms, which supersede any other terms in the Supplier’s catalogue or elsewhere, and shall override and exclude any other terms stipulated or referred to by the Purchaser whether in his order or in any negotiations, and any course of dealing established between the Supplier and the Purchaser. All orders hereafter made by the Purchaser shall be deemed to be made subject to these terms.
(b) No modification of these terms shall be effective unless specifically accepted in writing and signed by one of the partners in the Supplier.
The Supplier shall be under no liability whatsoever resulting from or arising out of or in connection with or in relation to any statement report or other representation made by any of its partners servants or agents before the contract between the Supplier and the Purchaser was entered into, unless the Purchaser shall give notice in writing to the Supplier before the contract is entered into that it intends to rely on any such statement report or other representation.
4. Refusal of Orders
The Supplier reserves the right to accept or refuse any order given on the basis of its quotation or otherwise and in the event of the refusal of any order the Supplier shall not be liable for any loss or damage arising therefrom or with connection therewith or in relation thereto.
5. (a) Some items sold by the Supplier are sold by weight based upon the Supplier’s experience and knowledge that those items when sold by weight will equal a certain quantity. In cases where a Purchaser orders a quantity of such items which are sold by weight the Supplier gives no guarantee or warranty that the precise number of items will be supplied.
(b) Many products are supplied to the Supplier by manufacturers in boxed quantities. The Supplier gives no guarantee or warranty that the such quantities are accurate and accepts no responsibility for any discrepancies.
6. The Goods
(a) The Supplier undertakes to replace or repair free of charge any Goods supplied which are defective in material or workmanship always provided that:
(i) whether or not Goods are defective in material or workmanship shall be for the sole decision of the supplier:
(ii) the Supplier’s undertaking shall only apply in respect of Goods in respect of which a complaint is received by the Supplier within three days of delivery to the Purchaser. Any goods in respect of which this condition applies shall be returned to the Supplier in its original packaging within fourteen days of delivery to the Purchaser.
(b) The Supplier shall be under no liability to the Purchaser whatsoever other than that set out in (a) above. Without prejudice to the generality of the foregoing the Supplier shall be under no liability for any consequential losses howsoever arising.
(c) All conditions, warranties, terms, undertakings and obligations implied by statue, common law, custom, trade usage or otherwise (including without prejudice to the generality of the foregoing, any implied condition, warranty or undertaking as to correspondence of the Goods with any contract description given, merchantable quality or fitness for any particular purpose) are hereby wholly excluded.
(d) Without prejudice to the generality of the foregoing, the Supplier shall have no responsibility for providing any guard or protection necessary to comply with any statutory requirements in connection with any of the Goods.
(e) Changes may occur to sizes and specification of Goods and in this event the Supplier may provide an approximate equivalent.
(f) It is the responsibility of the purchaser to prove suitability of product for their application.
7. Prices and payment
(a) Goods will be invoiced and shall be paid for at the prices ruling at the time of despatch. The price list provided by the Supplier is for guidance only and all prices and quotations are subject to variation at any time without notice to the Purchaser. Unless otherwise stated all prices are exclusive of V.A.T.
(b) Payment is due at end of month following date of invoice. If payment in full is not received by such date the Supplier reserves the right to charge interest on the outstanding balance at 3% above NatWest Bank base rate, or the statutory rate of interest if higher. Interest may be charged from invoice date.
(c) The Supplier reserves the right to demand payment of the price at any time.
The Purchaser hereby undertakes to indemnify and keep indemnified the Supplier its servants and agents against all costs, damages, expenses, penalties, losses and other liabilities whatsoever, including, but without prejudice to the generality of the foregoing, liability for personal injury and death, damage to property and consequential losses, incurred as a result of or arising from or in connection with or in relation to any act, omission, word, or deed, whether or not negligent, of the Supplier its servants or agents in pursuance of the supply of Goods hereunder.
The Directors of the contracting Purchaser agree they are and will be jointly and severally liable for the cost of the goods and/or services ordered and any consequential losses arising in that way including but not limited to damages and such Directors further jointly and severally guarantee to pay any amounts deemed to be due to the Supplier forthwith on demand personally.
9. Reservation of Title
(a) The property of the Goods shall not pass to the Purchaser until all sums owed to the Supplier on any account whatsoever have been paid notwithstanding that delivery has already taken place.
(b) In the event of non payment of sums due to the supplier from the buyer, the supplier shall be entitled, without notice, to enter the buyer’s premises and to physically repossess and remove therefrom goods supplied by the supplier for which payment has not been received.
It will be assumed that where the buyer purchases similar goods from the supplier on a regular basis that a stock rotation system has operated and goods still held relate to invoices still outstanding for which full payment and VAT has not been made.
(c) The Purchaser undertakes to co-operate with the company or their agents to facilitate this.
10. Delivery and Risk
(a) Unless otherwise stipulated and subject to clause 2 above all Goods for delivery will be despatched by the conveyance of the Supplier’s choice. Where the Purchaser requires a different means of conveyance any cost must be paid by the Purchaser.
(b) Whilst every effort will be made to avoid delay no responsibility is undertaken for meeting any specific delivery dates. Accordingly no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery.
(c) Risk in the Goods shall pass to the Purchaser on delivery.
(d) The Supplier reserves the right to charge carriage for destinations outside mainland England and Wales.
(e) Claims for damaged or missing goods may only be accepted if signed as such on receipt, confirmed in writing enclosing a copy of the delivery note.
Guarantees shall not be applicable outside the United Kingdom unless expressly stated otherwise by the supplier in writing. Any guarantee given will be invalidated if the goods supplied by the supplier are subjected to misuse or accidental damage after the buyer has taken delivery of them.
12. Returned Goods
(a) Subject to (d) below, Goods may be returned to the Supplier for credit or exchange for up to fourteen days after the date of delivery provided that the delivery note or invoice number is quoted.
(b) Save for Goods returned under clause 6 above, returned Goods will only be accepted by the Supplier if they are in a sound and resaleable condition. Whether Goods are sound and resaleable shall be for the sole decision of the Supplier. Any goods which the Supplier deems to be not resaleable will only be returned to the Purchaser at the specific request of the Purchaser and at the Purchaser’s expense. Notwithstanding the discretion of the Supplier in deciding whether goods are sound and resaleable, goods will not be deemed resaleable if they are returned in anything but their original packaging or the quantities of the goods returned are different from those originally supplied. It is the responsibility of the Purchaser to ensure returned goods are well packed as credit may be refused for goods damaged on the return journey.
(c) Where the goods returned for credit or exchange are goods which have been supplied in boxes or in quantities credit notes or exchange of goods will only be given if the goods are returned in their boxes and/or in the same quantities supplied to the Purchaser. Credit notes will normally only be issued if the Suppliers Collection Note has been issued to the Purchaser.
(d) Save for goods returned under clause 6 above, the Supplier reserves the right to make a charge for handling and restocking equal to 20% of the sale price of the goods returned, plus the return carriage charge.
(e) Goods especially obtained for the Purchaser may not be returned for credit or exchange.
(f) When making a request to return products to us it should be made within the following timescales:
Shortage & damaged goods if signed such on receipt - 24 hours
Picking errors (i.e. wrong goods) - 3 working days
Faulty goods - 3 working days
Goods no longer required - 10 working days
You should always obtain a signature (i.e. proof of collection) from the person collecting goods for return.
13. This contract is governed by English Law.
Lifetime Warranty Terms and Conditions
The Thermogroup Ltd Lifetime Warranty guarantees Thermonet Underfloor Heating Mats to remain free from defects in workmanship and materials under normal use and maintenance, and is guaranteed to remain in full working order subject to the conditions and limitations below:
Thermonet Underfloor Heating Mats are guaranteed for the lifetime of the floor covering under which it is originally fitted subject to the following conditions. Please pay attention to the exclusions listed at the end of this guarantee statement.
Thermogroup Ltd Lifetime Guarantee applies:
- 1. Only if the product is registered, and that the registration information is received and documented by Thermogroup Ltd, within 60 Days after purchase. You can register your product by completing the form included with the Installation Guide or online at http://www.thermogroupuk.com/warranty-registration/. Proof of purchase must be presented to make a claim, so please ensure that you keep both your invoice and receipt in a safe place. Such invoice/receipt should clearly state the model that has been purchased and be in legible condition so as to aid in identifying the system; and
- 2. Only if the Thermonet Underfloor Heating Mat has been properly earthed and protected by a Residual Current Device (RCD) at all times:.
This guarantee does not cover any thermostats as these are covered by a separate 3 YEAR warranty from the date of purchase, except as provided below.
All Thermogroup Ltd warranties become void if the floor covering under which the Thermonet Underfloor Heating Mat is originally fitted is damaged, lifted, replaced, repaired or covered with additional layers of flooring, after a 25 year period from purchase. You do not get this 25 year period with any other manufacturers’ guarantee. The Thermogroup Ltd Lifetime Warranty does not cover accidental damage, including but not limited to damage caused by lifting, replacing, repairing the original covering laid after installation.
The guarantee period starts on the date of purchase but the registration is only confirmed only when a letter of confirmation is sent by Thermogroup Ltd.
Should it be required, Thermogroup Ltd will arrange for the UFH mat or loose wire element to be repaired or (at the discretion of Thermogroup Ltd) have parts replaced free of charge. The cost of repair will only cover the cost of replacement Thermogroup Ltd parts and/or repair to damaged Thermogroup Ltd parts and products. Any damage to floor coverings or floors, costs of re-laying or repairing floors or floor coverings are not covered by The Thermogroup Ltd Lifetime guarantee.
The Thermogroup Ltd Lifetime guarantee does not cover damage caused during installation, tiling or installation of any floor covering. Therefore it is important to adhere strictly to the Installation Guide provided and follow the full test procedure detailed in this document before, during and after installation. Failure to do so will result in a void warranty.
Thermogroup Ltd are, in no event, liable for incidental or consequential damages, including but not limited extra utility charges or damages to property.
Thermogroup Ltd are not held accountable for:
- 1. Damage or repairs as a result of incorrect installation or application.
- 2. Damages as a result of floods, fires, winds, lightning, accidents, corrosive atmosphere or any other conditions/situations deemed beyond the control of Thermogroup Ltd.
- 3. Use of un-compatible components or accessories.
- 4. Products installed outside the United Kingdom.
- 5. Normal maintenance and care procedures as described in the Installation guide.
- 6. Parts not supplied or designated by Thermogroup Ltd.
- 7. Damages or repair required as a direct result of any improper use, improper maintenance, operation or servicing.
- 8. Failure to power up or start as a result of inadequate/interruption of electrical service.
- 9. Damage caused by frozen or broken pipes or plumbing.
- 10. Changes in the appearance of the product that do not directly effect the performance of the product.
Any repaired Thermonet Underfloor heating Mat carries only a 5 year warranty. Thermogroup Ltd are under no circumstances responsible for repair or replacement of any tiles, floor or floor covering which may be removed or damaged during fault location or repair processes.
Damage as a result of miss-use, improper installation, use of improper accessories or adhesives or unsuitable substrate conditions are in no event covered by any Thermogroup Ltd guarantee.
Damage caused as a result of lifting tiles or floor coverings after initial installation is not covered by the Thermogroup Ltd Lifetime guarantee.