Terms & ConditionsTerms and conditions of use of flameheatingspares.com
1.1 The term ‘Company’ shall mean Flame heating Spares LTD.
1.2 The term ’Customer’ shall mean any person, firm or company who purchases goods or services from the company.
These conditions apply to and are deems to be incorporated in all orders, contracts, quotations and tenders for the supply and sale of goods or services by the company. These conditions supersede any terms and conditions contained in any customers order unless otherwise agreed in writing by the company.
3 PUBLISHED PRICES
Orders placed will be charged at prices current at the time of delivery.
4 VALUE ADDED TAX
All process quoted are exclusive of Value Added Tax.
5 PAYMENT TERMS
5.1 Where a credit account has been opened, goods shall be paid for by the last day of the month following the month in which the goods were invoiced to the Customer or the Customer is notified that they are available for delivery.
5.2 The Company reserves the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities without explanation.
5.3 In the event of non-payment in accordance with the credit terms, the whole of the price for all goods sold by the Company to the Customer, whether under this or any other contract, shall immediately become due and payable and the Company reserves the right as its option, to cancel or postpone the further performance of its obligations whether under this or any other contract, without prejudice to any other right or remedy available to the Customer.
5.4 The Company reserves the right to charge the Customer interest at the rate of 4% per annum above the U.K. clearing bank base lending rate from time to time until payment is made in full.
Credit accounts can only be opened at the Company’s discretion and subject to satisfactory references being given otherwise remittances must be sent with orders. We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We will also make enquiries about the principal Directors and proprietors with the Credit Reference Agency.
7 RETURNS POLICY
Flame Heating Spares Ltd will not accept any goods returned to them from a customer without prior consent. When the goods are returned the original delivery note number or invoice number must be quoted. The Flame Heating Spares Ltd returns policy is as follows and relates to both the product and the packaging it comes in.
7.1 Faulty returned parts will be sent to the manufacturer and tested. If the part is deemed faulty by the manufacturer, Flame Heating Spares Ltd will credit 100% of the original value of the part to the Customer account. If the part is deemed not faulty and Flame Heating Spares Ltd accept that stock item to its stock profile, the restocking charge will be 20% otherwise the stock will be returned to the Customer and the full invoice value will be payable.
7.2 Non faulty stock returns are subject to a restocking charge of 20% and subject to Flame Heating Spares Ltd accepting those items back into stock. It is at the discretion of the Company as to whether those parts are accepted and restocked.
7.3 If any parts are returned and not in a fit state for resale the restocking charge will be 100%.
7.4 PCB’s and any gas carrying or gas controlling parts are non-returnable.
7.5 All parts under £20 are non-returnable
7.6 Flame Heating Spares Ltd is not bound to accept non stocked items back into stock where the item is not a part of the Flame Heating Spares Ltd core range and was ordered especially for the customer.
7.7 All costs incurred in returning the parts to Flame Heating Spares Ltd are to be borne by the Customer.
8 DESCRIPTION AND QUALITY
8.1 Illustrations, descriptions, weights, and technical data in any of the Company’s catalogues whether in paper or electronic format, price lists and statements (written or oral) made by any representative of the Company are provided to give Customers an approximate picture and description only and do not form the basis of any contractual liability.
8.2 No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
8.3 Designs of goods are subject to alteration without notice.
8.4 All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company can accept no liability as to their suitability for any purpose other than that specified in writing by the Customer at or prior to the time of sale.
The Company undertakes as its option to replace or refund the purchase price of any goods sold or supplied in the following circumstances only:
9.1 Where the goods do not correspond to any written identifying description applied to them.
9.2 Where the goods prove to be unfit for a particular purpose which has been expressed in writing to the Company.
9.3 Where the goods prove to be defective and not for their ordinary purposes within 12 months of delivery.
The Company’s liability under this clause shall be accepted by the Customer in lieu of any warranty or condition whether expressed or implied by law.
10 SUPPLY OF SERVICES
The Company undertakes to provide services with reasonable skill and care. If defects due to a failure to exercise such skill and care occur within 12 months of the completion of the supply, the Company undertakes to remedy the defects.
11 LIMITATION OF LIABILITY
11.1 The Company shall not be liable in any circumstances to the Customer whether by way of indemnity or by reason of breach of contract or negligence or of breach of statutory duty or otherwise for loss or damage of any kind, whether direct, indirect or consequential.
11.2 The undertaking as to title in Section 12 of the Sale of Goods Act, 1979 is not excluded.
11.3 Where the Customer deals as Consumer (as defined in Section 12 of the Unfair Contract Terms Act, 1977) the undertakings implied by sections 13,14,15, of the Sale of Goods Act, 1979 and are not excluded and the mer’s statuto statutory rights are not affected.
11.4 The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence. The Company does not exclude any liability which it may incur under the Consumer Protection Act, 1987 for damage as defined in Section 5 of the Act.
12 TEST AND INSPECTON
Special tests or tests in the presence of the Customer or the representative will be charged to the Customer unless otherwise agreed in writing.
In the event of delay on the Customer’s part or his representative’s part, in attending such tests, after 7 days’ notice of the place and time of such tests, the tests will proceed in the Customer’s absence and shall be deemed to have been carried out in the Customer’s presence.
13 PASSING OF PROPERTY AND RISK
13.1 Unless otherwise agreed in writing by the company all tools, dies and patterns in respect of or relating to the goods shall remain the property of the company until paid for in full.
13.2 The risk in the goods shall pass to the Customer on delivery.
13.3 Title to the goods shall remain vested in the Company after delivery until payment of all sums (whether arising out of this or any other contract) has been made in full to the Company as long as title in the goods remains vested in the Company and the goods are in possession or under the control of the Customer, the following provisions will apply.
13.4 The Customer may (unless otherwise notified in writing by the Company) use, sell or otherwise deal with the goods in the ordinary course of business.
13.5 The Customer shall separately store and keep clearly identified the goods from other goods.
13.6 The Company may at any time on giving prior notice, enter the premises of Customer for the purpose of inspecting and identifying the goods and the Customer irrevocably authorised the Company to enter upon its premises for that purpose.
13.7 The Customer’s powers above shall automatically cease if a receiver is appointed over any assets of the undertaking of the Customer or a winding up order is made against the Customer or the Customer goes into voluntary Liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of, or makes any arrangement or composition with Creditors or commits any act of bankruptcy.
13.8 Upon determination of the Customer’s powers above the Customer shall place the goods at the disposal of the Company, who shall be entitled to enter upon any premises of the Customer for the purpose of removing goods from the premises (including severance from realty where necessary.
13.9 If goods are returned or repossessed in accordance with the foregoing provisions the Company shall repay to the Customer any sums received from the Customer in part payment of the price of the goods up to a maximum amount equal to the current market value of the goods based on their condition at the time of return or repossession and after deducting all costs and expenses of the company in having the goods returned or repossessed and subject also to any right of set off the Company may have in respect of other sums owing by the Customer to the Company.
14.1 Dates quoted for delivery are approximate only and in this respect time shall not be of the essence of the Contract. It shall suffice for the Company to deliver with a reasonable time of the date of delivery quoted; regard being had to all the surrounding circumstances.
14.2 Where the Company offers delivery to a site nominated by the Customer, then its obligation shall be to deliver as near to the site as a safe hard road permits. The Customer shall provide free of charge any labour or machinery required for the purpose of unloading, loading or stacking.
14.3 The Company cannot accept liability for any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, strike and lockout or form any other cause beyond the Company’s reasonable control.
15 CANCELLATION OF ORDERS
The Company reserves the right to charge the Customer for all costs incurred on cancelled orders.
16 EXAMINATION OF GOODS
16.1 Goods must be examined at the point on delivery and acceptance of the parcel/consignment.
16.2 The Company shall replace any goods lost in transit to the place of the delivery provided such damage or loss is reported to the Company within 3 working days of such delivery. No other liability shall be accepted by the Company in respect of any such damage or loss any rejection of the goods on any other grounds must be communicated to the Company within 10 working days.
Carriage charges will be invoiced to the Customer at rates which shall be determined by the Company from time to time unless specifically excluded in writing. When part deliveries are made on the Customer’s instruction, the same conditions apply as for whole and complete deliveries.
18 OVERSEAS CONTRACTS
Special conditions apply for overseas contracts
The Contract between the Company and the Customer for the supply of goods or services which includes these conditions shall be governed and construed and shall take effect in accordance with the laws of England.
20 ACCEPTANCE OF TERMS
20.1 Your access to and use of flameheatingspares.com (“the Website”) and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
20.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
21 THE SERVICES
The Website may provide communication tools such as email, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
22 SUPERVISION AND SECURITY
We are concerned about the safety and privacy of our users, particularly children. It is therefore your responsibility to determine which Services are appropriate for you. Always use caution when revealing personally identifiable information about yourself via any of the Services.
23.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any online services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
23.2 We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
24 USER ACCOUNT, PASSWORD & SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will flameheatingspares.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
25 ACCEPTABLE USE
25.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Flameheatingspares.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
25.2 In using the Website/Services you agree not to:
25.2.1 Use the Services to send junk email, spam, Productielijn letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
25.2.2 Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
25.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
25.2.4 Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
25.2.5 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
25.2.6 Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
25.2.7 Collect or store personal information about others, including email addresses;
25.2.8 Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
25.2.9 Impersonate any person or entity for the purpose of misleading others;
25.2.10 Violate any applicable laws or regulations;
25.2.11 Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
25.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
25.2.13 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
25.2.14 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
27 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that flameheatingspares.com is not responsible for the content or availability of any such sites.
28 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
29 INTELLECTUAL PROPERTY RIGHTS
29.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
29.2 flameheatingspares.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold flameheatingspares.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against flameheatingspares.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by flameheatingspares.com in consequence of your breach of these Terms and Conditions.
31 DISCLAIMERS & LIMITATION OF LIABILITY
31.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
31.2 To the extent permitted by law, flameheatingspares.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
31.3 flameheatingspares.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
31.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of flameheatingspares.com for death or personal injury as a result of the negligence of flameheatingspares.com.
31.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
33 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.