The term "Company" shall mean BoilerSpares4u or any of its associated web site
The term "Customer" shall mean any person, firm or company who purchases goods or services from the Company.
These conditions apply to and are deemed 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 Customer's order unless otherwise agreed in writing by the Company.
Orders placed will be charged at prices current at the time of delivery.
VALUE ADDED TAX:
All prices quoted are exclusive of Value Added Tax unless otherwise stated.
Orders placed via the website will be automatically confirmed by email once the Credit or Debit card transaction has been successfully completed. Orders placed by other means will be processed upon receipt but will not be confirmed unless specifically requested. The company reserves the right to decline or accept any order(s), without providing any explanation, and will, within 24 hours of receipt of orders, inform the customer.
It is the duty of the Customer to order the correct part. The company shall deliver the part ordered and accepts no responsibility for inaccurate advice supplied by a third party to the customer in the identification of the part required, whether through commercial recommendation or technical diagnosis.
OUT OF STOCK ITEMS:
In the unlikely event of components not being available for immediate dispatch, the company will immediately notify the customer who shall have the right to cancel or change their order, in which case, any Credit Card transactions, if applied, will be reversed within 24 hours.
The customer may only return products to BoilerSpares4u, and receive a credit or refund, on the following conditions:
The Customer may only return products to BoilerSpares4u for a refund or credit with the prior consent of BoilerSpares4u.
The rights to return the goods to us will not apply in the following circumstances:
i. in the event that the product has been used
ii. in the event that the packaging has been opened or tampered with
Products must be returned to BoilerSpares4u in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. The Customer must state the relevant BoilerSpares4u reference number and invoice details, enclosing it with the product (or other proof of purchase).
If the Customer does not quote invoice details or the BoilerSpares4u reference number, as on the original despatch note, the credit will be based upon the lowest sales price.
For products returned due to Customer error or no longer required and returned in accordance with the above a re-stocking charge of 25% of the invoice value, subject to a £5.00 minimum, will be applied.
Where the Customer returns products to BoilerSpares4u not in accordance with the above (for example, after 7 days from receipt of goods and in an unfit state) BoilerSpares4u will refuse delivery or may apply a re-stocking charge which relates to the actual cost of reprocessing (subject to a minimum 25% of invoice value and a £5.00 minimum).
This returns policy excludes Printed Circuit Boards, gas carrying or gas controlling parts, non-catalogue products and specially manufactured products which are non-returnable.
All products are returned to BoilerSpares4u at cost to the Customer and at the Customer's risk. BoilerSpares4u accepts no responsibility for any loss of or damage to them or any items received by BoilerSpares4u with them.
Products to be returned to BoilerSpares4u should be adequately packed and despatched freight prepaid, clearly labelled to:
CUSTOMER RETURNS DEPARTMENT,
261-277 Rookery Rd
PARTS CLAIMED TO BE FAULTY AND REQUIRE REPLACEMENT UNDER MANUFACTURERS WARRANTY.
Such items must be returned to the Company together with the original delivery note or invoice only with prior agreement with the Company. The Company will return to the Manufacturer for inspection/testing. If the item is found to be faulty and the manufacturer agrees to credit, The Company will raise the necessary credit to the Customer.
DESCRIPTION AND QUALITY:
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. 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.
Designs of goods are subject to alteration without notice.
All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Company accepts 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.
SUPPLY OF SERVICE:
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.
LIMITATION OF LIABILITY:
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.
The undertaking as to title in Section 12 of the Sale of Goods Act, 1979 is not excluded.
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 Customer's statutory rights are not effected.
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.
PASSING OF PROPERTY AND RISK:
The risk in the goods shall pass to the Customer on delivery.
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.
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.
The Customer shall separately store and keep clearly identified the goods from other goods.
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.
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.
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)
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.
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.
Where the Company offers delivery to a site nominated by the Customer, then it's 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.
The Company cannot accept liability for any direct or indirect loss arising from delays caused by fire, flood, loss or delay in transit, strike, lockout or form any other cause beyond the Company's reasonable control.
CANCELLATION OF ORDERS:
The Company reserves the right to charge the Customer for all costs incurred on cancelled orders.
EXAMINATION OF GOODS:
Goods must be examined at the point on delivery and acceptance of the parcel/consignment.
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.
The Contract between the Company and the Customer for the supply of goods or services which includes these conditions.