Terms & Conditions of Sale of Energy By Nature UK Ltd

Terms & Conditions of Sale of Energy By Nature UK Ltd

1 Definitions

1.1 The “Seller” means Energy By Nature UK Ltd whose Registered Office is at 85 Rectory Road, Markfield, LE679WN

1.2 The “Buyer” is the person who accepts a quotation or estimate from the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.

1.3 “Goods” means the goods or services (including any instalment of the goods or any part of them) which the Seller is to supply in accordance with these Conditions.

1.4 “Conditions” means the Conditions of Sale or services set out in this document and any special conditions agreed in writing by the Seller including those contained within any quotation or estimate.

2 Conditions

2.1 These Conditions do not affect your statutory rights where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12).

2.2 All contracts of sale made by the Seller shall be deemed to incorporate these Conditions, which shall prevail over any other document or communication from the Buyer.

2.3 All orders are accepted and fulfilled subject to these Conditions unless otherwise agreed in writing by an authorised representative of Energy By Nature UK Ltd.

2.4 Acceptance of services rendered or delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3 Prices & Payment

3.1 The Price shall be that contained in the Seller’s quotation.

3.2 Unless otherwise stated, all prices are inclusive of VAT.

3.3 The Seller reserves the right to invoice for the completed or partially completed, part of the supply.

3.4 Energy By Nature UK Ltd shall submit invoices to the buyer in accordance with the stage payments agreed with the buyer.

3.5 Failure to pay within an appropriate period shall entitle the Seller to withhold services and recover goods used or unused if they remain unpaid for, without any hindrance or obstruction by the buyer (or associates of the buyer) to reclaim these goods. If the recovered goods are used, the buyer is still responsible for the payment of these goods.

3.6 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable in full.

3.7 In the case of any credit being offered, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery or services until paid.  All equipment warranty and job warranty will become void until project / contract has been paid for in full. This will not affect the customer’s statutory rights.

3.8 Any outstanding amount of the agreed Initial (or Final Amended Invoice) Total Invoice Amount is due on completion of the contract or works.

3.9 Any amendments made to the project or order that affect the price agreed upon shall be made and agreed in writing.

4 Interest on Overdue Invoices

4.1 Interest on overdue invoices shall accrue from the date when payment becomes due, daily, until the date of payment. Interest will be added at the rates contained within the Statutory Instruments issued under the ‘The Late Payment of Commercial Debts (Interest) Act 1998’ as amended from time to time even if the Act does not apply to this contract.

5 Warranties and Liability

5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

5.2 All products are subject to manufactures terms and conditions.

5.3 All manufacturers’ warranties take precedence over any warranty provided by Energy by Nature UK Ltd and warranty claims are to be made directly to the manufacturer in compliance with their terms and conditions. These do not affect the statutory rights of the buyer.

6 Delivery

6.1 Goods will be supplied within the timescales contained within the quotation or estimate, or where no delivery date is given, within 20 working days of receipt of payment.

6.2 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.

6.3 Delivery of the Goods may be made to the Buyer’s address if so, the Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

7 Ownership and Risk

7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.

7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.

7.3 The Buyer shall inspect the Goods upon Delivery. In the event of any goods being missing from what is shown on the delivery note or damaged, the buyer should reject the delivery of those said goods and notify the seller immediately.

7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together, where appropriate, with the original packing at the buyer’s risk but without affecting the buyer’s statutory rights.

8 Cancellation and Returns

8.1 No Contract shall be cancelled nor shall any Goods that are in accordance with the Contract be returned without valid reason and prior written approval of the Seller.

8.2 The Seller reserves the right to make a handling and restocking charge of the goods that are accepted for return, which reflects the costs incurred by the seller.

9 Force Majeure

9.1 If the Seller is prevented from carrying out its obligations under a contract for sale because of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.

 

 

10 No Waiver

10.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11 Liability

11.1 Except where the buyer is dealing as a consumer and as may be implied by law, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to foreseeable and reasonable damages which shall in no circumstances exceed the used price of the Goods and the seller shall under no circumstances be liable for any direct, indirect, incidental or consequential damage.

12 Facilities to be supplied by the buyer to Energy By Nature UK Ltd.

12.1 Where the services offered include the installation of materials and equipment at a site, the following services shall be provided to Energy By Nature UK Ltd free of charge unless otherwise included in the quotation provided by Energy By Nature UK Ltd.

12.2 Location and marking of all underground services prior to any drilling and trenching. Energy By Nature UK Ltd accept no liability for any damage to unmarked services.

12.3 Protection and security of installation during completion of works, including all materials.

12.4  Sufficient water supply at point of use

12.5 All trenching, backfilling or making good including sand, unless otherwise included in the quotation.

12.6  Welfare facilities

12.7 Electrical supply during the works

12.8 Provision of suitable electrical supply and termination within 1m of heat pump

12.9 All access routes through any walls/steel support beams, floors etc. for flow and return pipe work as required

12.10  Electrical and plumbing connection to heating distribution systems and existing heating system unless otherwise stated in the quotation

12.11  Suitable loading and unloading area and provision of loading and lifting equipment of required

12.12. Suitable and secure dry storage as required

12.13. Any reinstatement of landscaping

12.14  Disposal of waste arising from drilling & trenching

 

13 Miscellaneous

13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.

13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.

13.3 It is the responsibility of the Buyer to ensure that any required planning permissions or other approvals are in place.

13.4 It is the responsibility of the buyer unless specifically requested to obtain any required drilling consents.

13.5 It is the responsibility of the buyer to check prior to order, that placement of materials and designs offered are suitable for the intended purpose / application.

13.6 Energy By Nature UK Ltd can accept no responsibility for manifest errors in quotes, brochures and other printed material unless clearly misleading. Energy By Nature UK Ltd reserves the right to alter its products without notice. This also applies to products already on order provided that such alterations can be made without sub sequential changes being necessary in specifications already agreed.

13.7 Any drawings of any nature such as but not limited to schematic drawings, pipe layout, designed and supplied by Energy by Nature UK Ltd, shall remain the property of Energy by nature UK ltd.  Unless written consent is given by an approved representative of Energy by Nature UK Ltd, they are subject to copyright laws and should not be used or copied by any other party.