The following terms and conditions apply where HEATSMART Central Heating Company Limited (Heatsmart) supplies goods and/or services to a person, firm or company (the Client).
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Contract Information
(a) A binding contract will form between the parties on signing of the contract or on Heatsmart’s written acceptance of the Clients purchase order.
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Ownership – Romalpa Clause
(a) Ownership/title of goods remains with Heatsmart until payment for the goods is made in full.
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Delay & Delivery
(a) Heatsmart is not liable to the Client for any delay or failure to supply goods or services. Dates given by Heatsmart shall be indicative only and shall not be part of the conditions of sale. Heatsmart shall not be liable to the client for any loss of revenue or profits or any consequential loss or damages for failure to deliver on any indicative date given.
(b) It is contemplated that any goods and/or services supplied by Heatsmart will be supplied during regular working hours on regular working days. If for any reason the Client requests Heatsmart to supply goods and/or services outside these times, any such additional expenses shall be paid by the client at Heatsmart’s current labour rates.
(c) Extra costs incurred by Heatsmart due to cessation of work occasioned by the Client’s instructions or lack of instructions, by interruptions, mistakes or work for which Heatsmart is not responsible shall be reimbursed by the Client to Heatsmart on invoice.
(d) Claims for loss in transit shall be made under the Carriage of Goods Act 1979.
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Price
(a) All orders for goods and/or services shall be filled at the prices set out in the written quotation or the current price list and the Client must pay the prices as quoted.
(b) All orders for goods without a written quotation shall be filled at prices prevailing on the possession date and the Client must pay the prices specified on the Goods Invoice.
(c) Unless otherwise stated, all prices quoted by Heatsmart are exclusive of GST and other taxes, which are payable by the Client.
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Terms of Payment
(a) Payment of goods and/or equipment must be on the terms advised in the quotation or contract, or by prior arrangement with Heatsmart.
(b) Payment for services to be made on receipt of the invoice, unless prior arrangement with Heatsmart.
(c) If the Client does not make payment on the due date, The Client may pay interest at a rate equal to 5% above the current overdraft rate, which Heatsmart has with its principal trading bank.
(d) In the event of overdue accounts Heatsmart will be eligible to recover costs if debts are recovered by a Collections Agency.
(e) Payment of all money is without set-off or deduction of any kind.
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Limitation of Liability
(a) Heatsmart applies the warranty of the manufacturers of the goods sold to the Client, provided the Client’s claim is within the provisions of the manufacturers warranty in relation to the goods sold to the Client. Heatsmart shall, in its discretion, repair or replace the defective goods, or refund the purchase price to the Client, provided:
(i) The goods have not been used incorrectly or misused by the Client; and
(ii) The Client has supplied the date and the invoice relating to the goods when requested to do so by Heatsmart.
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Limitation of liability
(a) To the full extent permitted by law, Heatsmart will in no circumstances be liable to the Client for any loss, damage or expense, sustained or incurred, by the Client or any other party, whether direct or indirect, special or consequential, arising directly or indirectly out of any negligence by Heatsmart. This includes the supply, performance or use of any goods or services. Heatsmart’s liability to the Client, if any, in contract, tort or otherwise, will be reduced by the extent to which the Client contributed to the loss.
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Credit Information
(a) The Client consents to Heatsmart, any financier or credit rating agency making enquiries of and obtaining any information about the financial standing and credit worthiness of the Client.
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Work to be Done by Others
(a) Some work necessary for the installation of a central heating system must be completed by other parties, as advised in the contract. Such work shall be the responsibility of the Client and shall not be the responsibility of Heatsmart.
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Loss or Damage to Goods
(a) Heatsmart is not liable for any loss or damage to goods or equipment on the Client’s site. Any costs arising from loss or damage to goods or equipment on the Client’s site must be paid by the Client.
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Claims
(a) Goods supplied shall be examined by the Client promptly on delivery. To the full extent permitted by law Heatsmart will recognise no claim unless the claim is made within (5) days after delivery of the goods to which the claim relates.
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Return of Goods
(a) Goods may be returned for credit if:
(i) They do not comply with the description under which they were sold
(ii) They are not of merchantable quality
(iii) They are not reasonably fit for the purpose they were intended for
(b) The client must obtain Heatsmart’s approval before returning any goods.
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Entire Agreement
(a) No waiver, change or modification of any of these terms and conditions or any additional terms and conditions shall be binding on Heatsmart unless in writing and signed by an authorized officer of Heatsmart.
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Variations
(a) Any variation in the quantity or type of goods and/or services required by the Client, or the quantity and type of goods and/or services supplied by Heatsmart will be in accordance with these terms and conditions. Heatsmart reserves the right to revise at any time the quantity or type of goods and/or services supplied to the Client if it believes that other goods and/or services supplied by Heatsmart can fulfil the same function.
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Governing Law
(a) These terms and conditions shall be read consistently with any governing law.
