These conditions will apply to any contract between the Seller and the Purchaser for the sale of the Goods. The Purchaser acknowledges that it has not relied on any statement, promise or representation of the Seller that is not set out in these conditions.
For the purpose of these conditions the following terms shall have the following meanings:
- “Seller” EnviroVent Limited, registered in England and Wales under company number 06297061 and with a registered head office at EnviroVent House, Hornbeam Business Park, Harrogate, HG2 8PA.
- “Purchaser” The Company, firm or person who buys or agrees to buy the Goods.
- “The Goods” All items supplied by the Seller.
The price for the Goods includes VAT charged at the appropriate rate as at the tax point date. The Seller reserves the right to levy cancellation charges subject to the Purchaser’s cancellation right as a consumer in these conditions. All prices are net unless otherwise agreed in writing.
The Seller will take a minimum deposit payment of 50% to proceed with the Purchaser’s order. The deposit may be paid via credit card, cheque or BACS. The final balance will be required from the Purchaser upon completion of the ventilation works.
- Within the United Kingdom payment in full shall be made on completion of the works or delivery of Goods, unless stated in writing by the Seller.
- Any claim for errors, omissions or discrepancies on good supplies by the Seller must be made within 5 days of receipt.
- In the event of litigation being necessary to recover the debt, the Purchaser shall be liable for the payment of interest on the contested amount of 2% per month plus our legal costs plus an administrative charge of £25.00.
- There is a £50 supplement if the Seller is unable to access the property or have to return to complete the installation through no reasonable fault of theirs. Equally, there is a £50 levy if, through no fault of the Seller, the Purchaser decides not proceed with some or all of the installation within 48 hours of the agreed installation date, subject to the Purchaser’s rights in clause 11.
4. Quote validation
The attached quotation will be valid for a 3 month period from its creation, unless otherwise stated in the quotation itself.
5. Property requirements
- The Seller requires the earth bonding within the relevant dwelling to be of a satisfactory 10mm bonding level to the water, gas or other installation pipe work. If the bonding falls short of this requirement then the Seller will be unable to commission the ventilation system.
- The Seller recommends that when installing a whole house ventilation system, the Purchaser ensures a 10mm gap is applied to the bottom of the doors within that dwelling.
- Any un-vented tumble driers that are not self condensing may reduce the performance of the whole house ventilation system within that dwelling.
- If the Seller has to cut or remove artex within the dwelling to enable the ventilation works to be completed, then the Seller will use a safe working method for cutting and double bag the artex. The Seller will take away and dispose of artex safely.
- Very occasionally, installers discover unforeseen additional work is required which cannot be picked up on survey. In such circumstances the Purchaser will attempt to contact the Seller to agree any additional charges in advance. However, sometimes this is not possible whilst the engineer is on site. In these rare circumstances, the Seller shall have your authority to undertake up to an extra £100 additional labour or parts to ensure the work is completed on time. This will only be added to the Purchaser’s final invoice if the Seller has been unable to contact the Purchaser and if the additional work could not have been reasonably foreseen.
- Health and safety laws are particularly strict about any form of asbestos. If you believe there is any in your property, you must alert us before any work commences since the work may otherwise have to be re-scheduled to allow us to bring suitable additional equipment, with commensurate additional costs.
- Delivery dates (which shall mean the date on which the Goods are made ready to leave the Sellers’ works) are not guaranteed. The Seller will endeavour to meet the Purchaser’s delivery requirements, but shall not be liable for any loss or damage whether direct, consequential or other cause by any delay in delivery.
- The Purchaser shall provide clear and reasonable access to the delivery point. The Seller shall not be liable in the event of goods being damaged during the course of unloading whether undertaken by the Purchaser or not.
- In the event that the Goods are delivered at a time and place agreed with the Purchaser but no representative of the Purchaser is present, the Goods will be returned to the Seller and any costs involved will be charged to the Purchaser at cost.
- If a unit is to be returned for any other reason than faulty, then a handling fee will apply. Any returns will incur a £17.50 + VAT restocking fee. If there is more than one item, then each additional item will incur a £10.00 + VAT restocking fee.
- If the Goods are to be delivered by instalments then the Seller shall nevertheless be entitled to treat any failure on the part of the Purchaser to pay for any one or more of such instalments in accordance with these conditions as a repudiation of the contract by the Purchaser and the Seller shall be entitled to repudiate further performance thereof and to recover damages for breach of contract.
A defect or defects in one or more of the instalments will not entitle the Purchaser to repudiate the whole contract.
7. Property & Risk
- Property and title in the Goods remains with the Seller until all monies due from the Purchaser to the Seller are paid.
- Risk in the Goods shall pass from the Seller to the Purchaser upon delivery of the Goods to the Purchaser and the Purchaser hereby acknowledges with the Seller that he is a bailee of the Goods until payment in full has been made and hereby indemnifies the Seller against any loss damage costs or expense or reduction of value in connection therewith after the risk has passed to the Purchaser whether or not the same shall have been caused by or arisen from matters wholly or partly within the Purchaser’s control.
8. Loss or Damage in transit
Where an order is for the “Supply Only” of Goods no claim for loss of or damage to the Goods in transit will be accepted unless the Purchaser notifies the Seller of any such loss or damage within 5 days of arrival of the Goods. In the case of alleged damage to the Goods, no claim will be accepted unless such alleged damage is noted on the delivery note by the person signing for a receipt of the Goods.
The Goods supplied shall be within the tolerances allowed by the appropriate British Standard Institute standard and in accordance with current sales literature provided by the Seller in relation to the Goods. The Seller shall rely upon any information provided by the Purchaser as to their requirement for the Goods as accurate and trustworthy.
10. Product Warranty
The Seller hereby warrants the performance of the Goods in accordance with the Seller’s Seller’s product specific warranty from the dispatch or installation. The Warranty herein does not extend to lack of maintenance or maltreatment to the Goods; damage caused by installation carried out other than strictly in accordance with instructions received from the Seller; installation carried out contrary to good engineering practice; installation carried out contrary to the recommendation of NICEIC, CIBSE, HVC and FETA; lack of maintenance or maltreatment to the Goods and shall be in substitution for all other warranties whether express or implied by common law or statute.
The Purchaser should keep their receipt as this acts as proof of purchase and acts as the guarantee / warranty for the products and, where applicable, the labour of the installation.
11. Order cancellation
Cancelling the contract if you are a consumer
- The Purchaser has a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The timeframe for cancellation is 14 days after the day on which the Purchaser receives the Goods.
- To cancel a contract, the Purchaser needs to let the Seller know that they have decided to cancel. The easiest way to do this is to complete the Seller’s cancellation form by clicking here. The Purchaser can also e-mail the Seller at email@example.com or contact the Seller on 01423 810810 or by post to EnviroVent House, Hornbeam Business Park, Harrogate, HG2 8PA.
- If the Purchaser cancels the contract, the Seller is permitted by law to reduce the refund to reflect any reduction in the value of the Goods, if this has been caused by the use or handling of them in a way which has diminished their value. The Seller will also refund any delivery costs the Purchaser has paid, although as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method the Seller offers.
- The Seller will refund the Purchaser on the credit card or debit card used to pay.
- If any Goods have been delivered to the Purchaser before the Purchaser decides to cancel the contract:
(a) then the Purchaser must return it to the Seller without undue delay and in any event not later than 14 days after the day on which the Purchaser lets the Seller know that they wish to cancel the contract. The Purchaser can either send it back or return it to the Seller at its head office;
(b) unless the Goods are faulty or not as described the Purchaser will be responsible for the cost of returning the Goods to the Seller.
- As a consumer the Purchaser has legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the Purchaser’s right of return and refund in these conditions.
Cancelling the contract if you are a business
- The Purchaser may cancel their order at any time up to 7 days after it is placed. If the Purchaser wishes to cancel the contract they must do so in writing to the Seller.
12. Force majeure
The Seller will not be liable for any loss or consequential liability or damage sustained by the Purchaser by reason of any Act of God, war, riot, fire, strike, lock-out, Governmental control or regulation, abnormal weather conditions and accident break down or any other circumstance beyond the Seller’s direct control.
13. Licences and Permits
If the performance of this contract requires any government licence or other permit, then this contract shall be conditional upon such licences or other permit being available.
All drawings supplied relating to the Goods are the copyright of the Seller and must not be reproduced without the Seller’s consent.
The Seller undertakes to repair (or entirely at our option, to replace) free of charge any Goods or services or works which are defective and not in accordance with the terms of this contract. Our liability is limited solely to such free repair or replacement and in no circumstances do we accept any further liability for any damages or losses (whether direct or consequential) of any kind whatsoever or whenever arising.
If the Purchaser is a consumer the Purchaser agrees not to use the Goods for commercial or re-sale purposes and the Seller has no liability to the Purchaser any costs of profit, loss of business or loss of business opportunity.
16. Primacy of these conditions
The Purchaser hereby acknowledges that they have entered into this contract upon the conditions herein set out and not upon any other conditions produced by the Purchaser.
17. Data Protection Act 1998
Where the Purchaser provides the Seller with personal data, the data will be held securely in confidence and processed for the purpose of carrying out the manufacture of ventilation equipment and associated activities.
The Purchaser accepts that the Seller may consult with and disclose the data to credit reference agencies, banks, credit insurers and other responsible organisations outside the Sellers’ business that the Seller has nominated and that such organisations may process the data.
The Purchaser understands that under the Act the Purchaser has a right to know what data the Seller holds on the Purchaser if the Purchaser applies to the Seller in writing and pays the applicable fee.
18. Third Party Rights
The contract is between the Seller and the Purchaser. No other person shall have any rights to enforce any of its terms.
19. Applicable Law
The foregoing terms and conditions shall be interpreted and administered in accordance with English law and the courts of England and Wales will have exclusive jurisdiction.