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Electric Heating Solutions (UK) Ltd.
The Tithebarn, Church Street
Malpas, Cheshire, SY14 8PH

Electric Heating Solutions (UK) Limited

- Standard Terms and Conditions of Contract

In this agreement, between Electric Heating Solutions (UK) Limited ("the Supplier") whose registered office and trading office are stated at the end of this agreement and you ("the Customer"), these terms and conditions shall apply as follows:

1. The Contract

1.1. The Supplier shall perform the contract ("the Contract") by supplying goods ("the Goods") to the Customer in consideration for the Price (as defined below).

1.2. Upon each occasion that the Supplier supplies the Goods including any contract where the Customer is a wholesaler, these terms and conditions shall apply to the Contract between the Supplier and the Customer.

2. Procedure

2.1. The Supplier will provide quotations for supplying the Goods in advance, stating the amount and price of Goods. In the absence of any such quotation provided, the price of the Goods shall be the Supplier's listed prices as stated on its website or in its current marketing materials.

2.2. If the Customer wishes to purchase the Goods, it shall place a written order ("the Order") by email, fax or post, with the Supplier accepting the quotation.

2.3. The Supplier shall accept the Order in writing and this shall form a binding contract between the parties.

2.4. Any additional terms must be stated in the Order and agreed by the Supplier in writing.

2.5. Whether the Supplier or the Customer will bear the cost of delivery shall be stated in the quotation and accepted by the parties. The Supplier shall be entitled to charge a reasonable delivery charge.

3. Delivery

3.1. The Supplier shall perform the Contract for the Customer in consideration for the Charges (as defined below) with reasonable timeliness. Time shall not be of the essence unless agreed in writing between the parties. The Supplier shall use its reasonable endeavours to complete the Contract within any deadlines agreed between the parties.

3.2. In the event of any delay in performance, due to an event or action by a third party or conditions beyond either party's control or power, the Supplier shall have a further reasonable time in which to perform the Contract. Such events shall include any breakdown of the Supplier's IT systems or system providers preventing the Supplier communicating or breakdown in public utilities affecting the provision of power supplies or serious breakdown or delays in transport beyond the control of the Supplier.

3.3. If the delay in the performance of the Contract is due to the actions of or omissions of the Customer, the Supplier shall not be liable for any failure in performance and/or compensation for any costs or losses, the Customer suffers as a result of such delay.

3.4. If the delay is due to the organisation responsible for delivery, then the Customer shall hold the delivery organisation responsible and liable for any losses due to late delivery or lost goods whilst in transit. The Supplier shall use its reasonable endeavours to ensure that it uses reasonably reliable organisations to carry out its deliveries and that they carry reasonable goods in transit insurance.

3.5. In the event that the performance of the Contract is detrimentally affected by the avoidable actions or omissions of the Supplier, the Customer may be entitled to recover any losses directly arising from such adverse performance, but limited to the Charges due under the Contract for the Goods or the Services which have been delayed.

3.6. The Supplier will use its reasonable endeavours to ensure that the Customer has the benefit of any manufacturer's warranty.

3.7. We aim to ship out all deliveries within 5 working days.

3.8. We ship all of our items from our warehouse using Fedex, this is subject to change based on where the item is being shipped from.

4. Consideration

4.1. The Customer shall pay the agreed price or charges ("the Charges") to the Supplier for the Goods in advance of performance of the Contract by pro forma invoice or on such credit terms as are agreed in writing.

4.2. If the parties agree to pay on invoice, the Customer shall pay the Supplier, if no other terms are agreed, by default within 14 days of the date of invoice.

4.3. The parties agree that the Customer shall pay the Charges without any deduction or withholding on account of any rights of equitable set off which the Customer may claim;

4.4. The Charges will subject to VAT, if and when the Supplier becomes registered, at which point it will notify any potential clients of such liability in advance;

4.5. In the event of late payment or non-payment of the Charges by the Customer, the Supplier may suspend performance of the Contract and exercise its rights generally under the Late Payment of Commercial Debts Act 1999.

5. Refund policy

5.1. Any cancellation of the Contract shall be in writing.

5.2. In the event that the Customer cancels the Contract, the Supplier shall refund such of the Charges as it has received in advance, up to the point reached in the Contract between the parties, to the Customer, in accordance with this Contract and notice periods as stated above.

5.3. In the event that the Supplier decides, at its own discretion, to withdraw from the Contract due to any external or internal reason, the Supplier may seek, at its own discretion, to arrange a replacement provider and the Supplier shall be free to assign the Contract, which shall continue.

5.4. At its own discretion, the Supplier may cancel the Contract entirely and return the Charges it has been paid, for services taking place after the date of termination, to the Customer within 30 days of the date of the written notice of cancellation. The Supplier will provide a minimum of 14 days' notice of cancelling the Contract.

5.5. You may cancel you order by emailing enquiries@electricheatingsolutions.co.uk 24 hours prior to despatch. A full refund of monies paid will be made. If you cancel after despatch, you will be responsible for carriage charges.

5.6. We aim to refund all monies paid within 5 working days once goods have been returned to us and inspected for damage.

5.7. If we receive confirmation of a cancelled order before the item is shipped out we aim to process your refund within 5 working days.

6. Liability

6.1. The Customer's liability for the agreed Charges will continue until the Supplier is paid in full, whether or not the Customer is satisfied with the performance of the Contract, in accordance with the notice requirements stated above. The Customer shall not be entitled to set-off any counter-claim on grounds of dissatisfaction with the performance of the Contract.

6.2. If the Customer wishes to claim against the Supplier, it agrees to follow the procedure stated below.

6.3. In the event that performance of the Contract is prevented by any event beyond the control of the Supplier, the Supplier's maximum liability shall be limited to the amount of the net Charges and shall not include any indirect loss, including loss of profits or business arising from any omission, action or failure to perform the Contract or additional costs incurred providing alternative facilities due to the unavailability of the facilities covered under this contract.

7. Retention of title

7.1. The Goods shall remain the property of the Supplier until the Company has been paid in full, including any liabilities and interest due under the Late Payment of Commercial Debts Act 1999, which may be applied at its discretion by the Supplier.

8. Intellectual Property Rights

8.1. Any Intellectual Property Rights (being defined as the copyright, design right or any other intellectual property rights in any written or electronic document or materials supplied by the Supplier to the Customer or any designs or drawings provided by the Supplier or in any materials, plans or quotations supplied by the Supplier, as part of or in connection with providing the Services or the Goods) shall remain the property of the Supplier.

8.2. All the material supplied in the course of providing the Services is not guaranteed to be totally original or entirely the work of the Supplier and is therefore supplied subject to the rights of third parties. However, the Supplier shall use its reasonable endeavours to ensure that no third party rights are infringed in supplying the goods to the Customer. The Supplier shall not be liable to the Customer or any third party for breaches of their intellectual property rights.

9. Dispute resolution

9.1. If one party has a complaint about the other, the complaint must be raised in writing by post or fax. The complainer will inform the other party exactly what the nature of the complaint is and the resolution it seeks and allow the other party at least 14 days to rectify the complaint.

9.2. If the complaint remains unresolved to the satisfaction of the complainer, the parties must first seek to resolve the dispute by submitting to mediation in good faith. The parties shall seek to hold the mediation within 90 days from the date when the complaint was first made in writing and served on the recipient. The complainer may serve the other party with a choice of three experienced, independent and qualified commercial mediators.

9.3. If one party seeks to take part in the mediation and the other refuses or fails to provide details of three mediators or fails to agree the choice of mediator or venue for mediation without good reason, then the other will be entitled to recover costs for the dispute from the date when the first party refused to take part in the mediation.

9.4. In the event of any dispute between the parties, if the dispute is not capable of being resolved to enable the Contract to continue, then the parties agree to seek mediation in good faith within a period of 60 days following the alleged breach being notified in writing by one party to the other.

10. General

10.1. The person signing this agreement personally warrants that:

10.1.1. He/she has the authority to do so on behalf of the Customer and has the authority to bind the Customer to such an agreement;

10.1.2. The Customer is in good financial state and that there is no reason now or in the foreseeable future why the Customer will not be able to meet its liabilities under this agreement;

10.1.3. The Customer is able to enter into this agreement freely and without restrictions other than stated in this Contract.

10.2. The Contract may be varied in writing between the parties but, in the absence of any such agreement, these terms and conditions shall apply.

10.3. The Contract (Rights of Third Parties) Act 1999 is excluded from the Contract by mutual agreement of the parties. However, the Supplier shall use its reasonable endeavours to enable the Customer to pursue claims against any supplier of the Goods, particularly in respect of any claims under a manufacturer's warranty.

10.4. The Contract shall be interpreted in accordance with English Law and subject to the non-exclusive jurisdiction of the Courts of England and Wales.

11. Privacy Policy

11.1. We do not store credit card details nor do we share customer details with any 3rd parties.

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