Name of company
The Fireplace Centre Doncaster
61-63 Nether Hall Road, Doncaster, DN1 2QA
Tel: 01302 340210
- 1.1 In the following terms and conditions:
‘the Seller' means the Fireplace Centre (Doncaster) Limited;
'the Buyer’ means the person contracting with the Seller;
‘the Goods' means the goods which the Seller is to supply in accordance with these conditions’
‘the Services’ means the installation of the Goods;
‘the Contract’ means any contract under which the Seller sells the Goods or provides the Services to the Buyer
- 1.2 The statutory rights of the Buyer are not affected by these terms and conditions.
- 1.3 These terms and conditions shall apply to all contracts unless expressively varied in
writing by the Seller.
- 1.4 Any discussion entered into between the Buyer and the Seller shall not form part of
- 1.5 All order for the Goods and/or Services are on the condition that these terms are
accepted by the Buyer at the time the order is being placed.
- 1.6 The Seller will not accept any liability where the Goods are used other than for the
- 1.7 If any part of these terms become unenforceable the enforceability of any other part
of these will not be affected.
- 1.8 Any general description contained in the Seller's catalogues or other advertising
material shall not form a representation or be part of the Contract.
- 1.9 Any advice or recommendation given by the Seller or its employees or agents to the
Buyer as to the application or use of the Goods which is not confirmed in writing by the Seller is followed entirely at the Buyer's own risk and the Seller shall not be liable for any such advice
which is not confirmed.
2. ORDERS & SPECIFICATIONS
- 2.1 The Buyer shall be responsible to the Seller for confirming the accuracy of the terms
of any order (including any applicable specifications) and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract
in accordance with its terms.
- 2.2 If any information supplied by the Buyer is incorrect or it transpires that there is
an error or omission in the Buyer’s instructions the Seller shall be entitled to take account of such matters and to vary the price to take account accordingly.
- 2.3The Buyer warrants to the Seller that the Goods will be properly used only in a manner
and for the purposes for which they are sufficient and suitable.
- 3.1 The price of the Goods and Services shall be the Seller's quoted price for delivery
within the UK and includes only the Goods specified in the quotation.
If the Buyer requests any variation, any extra cost will be payable by the Buyer.
- 3.2 The Seller reserves the right by giving notice to the Buyer at any time before
delivery to increase the price of the Goods and/or Services to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller.
- 3.3 The Buyer is required to pay to the Seller a 10% deposit upon placing any order for
the Goods and/or Services. The remaining balance must be paid to the Seller prior to the provision of the Goods and or Services.
- 3.4 If the Buyer fails to make any payment on the due date, then without prejudice to any
other right or remedy available to the Seller, the Seller shall be entitled to:
- A) cancel the Contract
- B) charge the Buyer interest, both before and up to any judgement being ordered, on the
amount unpaid at a rate of 4% per annum above Barclays Bank plc's base rate from time to time, calculated on a dally basis until payment is made in full.
- 3.5 The Seller will not accept personal cheques.
- 3.6 All prices are subject to the appropriate VAT charge.
4. DELIVERY & RISK
- 4.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's
premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or by the Seller delivering the Goods to the address provided for delivery at the time of order by
the Buyer. The Seller shall be under no liability to the Buyer in connection with any damage or loss in transit where delivery takes place at the Seller's premises.
- 4.2 Delivery dates quoted at the time of order are genuine forecasts but shall not be
legally binding on the Seller. Time of delivery shall not be the essence of any contract. In the event of the Seller being unable to supply the Goods and/or Services subsequent to receiving an order
from the Buyer, the Seller shall not be liable for any incidental or consequential loss howsoever arising.
- 4.3 All Goods are quality checked prior to delivery. Due to the nature of the product the
Seller recommends that the Buyer checks the Goods on delivery.
There may be fluctuations in appearance which may occur naturally such as veining, colour, shade and grain. Media changes and lighting may also have an effect. In the event of any discrepancy the
Buyer must notify the Seller immediately at the time of the delivery before the Goods are processed in any way. Upon acceptance of the deliver the Buyer must sign the Sellers delivery note. The
Seller reserves the right to deal with late reports at its discretion.
- 4.4 The risk in the Goods shall pass to the Buyer on
i) delivery; or
ii) the date on which the Goods being ready for delivery, delivery is postponed at
the Buyer's request, whichever shall occur first Delivery shall be deemed to be completed before offloading (or in the case of delivery at the Seller’s premises) loading of the Goods.
- 4.5 Delivery charges will be levied upon the supply of the Goods only (ie where the
services are not required) and details of delivery changes will be supplied at the time of the Buyer placing his order.
- 5.1 Those parts of the Services required by law to be performed by Corgi registered
workmen will be so performed.
- 5.2 The Buyer will be given sufficient opportunity to inspect the Goods prior to
- 5.3 The Buyer undertakes to provide upon the date notified for the performance of the
Services free and safe access to the point at which the Services are to be performed to enable the Services to be performed safely and expeditiously.
The Seller reserves the right to levy a reasonable waiting charge against the Buyer for any failure in this respect.
- 5.4 The Services provided by the Seller relate only to the work directly involved with the
installation of the Goods and the Seller is not required to carry out any related or subsidiary works including by way of example joinery and fitting of carpets, plastering etc.
6. AFTER CARE
- 6.1 The Seller shall endeavour to revisit the Buyer to deal with any defects in respect of
the Goods or Services within fourteen days of receipt of written notification of the same. The Seller reserves the right to impose reasonable charges for such revisits in the event that the defect is
not covered by the manufacturer's warranty. Time shall not be of the essence upon any revisit and the Seller shall not be liable for any consequential loss howsoever arising.
- 6.2 In the event of an emergency the Buyer must contact Transco immediately.
- 7.1 The Seller reserves the right of discretion to refuse or accept the return of the
- 7.2 It is the Buyers responsibility to ensure that the Goods returned are property packed
and returned in good condition. Damaged Goods will not be accepted.
- 7.3 If upon receipt and examination the Seller finds that there is a discrepancy in the
stated reason by the Buyer for returning the Goods, the Seller reserve right to refuse the return.
8. CANCELLATION BY THE SELLER
- 8.1 The Seller reserves the right to cancel the Contract if:
- A) the Seller has insufficient stock to deliver the Goods that the Buyer has ordered;
- B) the Seller does not deliver to the Buyer's area; or
- C) one or more of the Goods that the Buyer has ordered was incorrectly listed due to a
typographical error or an error in the pricing information received from the Seller's suppliers.
- 8.2 In the event of cancellation by the Seller, the Seller will notify the Buyer and
reimburse the full price paid as soon as is reasonably practicable
9. CANCELLATION BY THE BUYER
- 9.1 In the event of cancellation by the Buyer the Buyer will forfeit all monies and/or
deposits paid to the Seller and will be responsible for all costs incurred by the Seller up to the point of cancellation.
- 9.2 The Buyer must notify the Seller of the cancellation as soon as possible. the Buyer
must also confirm the cancellation in writing.
- 10.1 The Seller shall not be liable to the Buyer for any breach of this Contract by reason
of any failure or delay upon the Seller's obligations if the delay or failure is due to any cause beyond the Seller's reasonable control.
- 10.2 The Seller may subcontract or assign at the Seller's discretion the whole or any part
of the Seller's obligations under this agreement.
- 10.3 The Contract is personal to the Buyer, who shall not assign or in any way part with
the benefit thereof without the Seller's prior written consent
- 10.4 lf the Buyer consists of two or more people liability on the part of the Buyer under
this agreement shall be deemed to be joint and several.
- 10.5 The Contract shall be governed by the laws of England and shall be subject to the
exclusive jurisdiction of the English Court.