T’s & C’s

In these Conditions:

(a) ‘Company’ means Sol*Aire Heating Products Limited (registered in England number 6865938);
(b) ‘Customer’ means the individual, firm, company or other party with whom the Company contracts;
(c) ‘Euro’ means the single currency according to European Community law;
(d) ‘International Supply Contract’ means such a contract as is described in section 28(3) of the Unfair Contract Terms Act 1977;
(e) ‘Normal Business Hours’ means the hours of 8.30am to 4.30pm Monday to Friday (excluding English public and bank holidays);
(f) ‘supply’ includes (but is not limited to) any supply under a contract of sale; and
(g) ‘these Conditions’ means the standard conditions and any other terms of sale set out or referred to in the Company’s acknowledgment of order.

The headings in these Conditions are for convenience only and are not for the purpose of interpretation.

Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

If any provision of these Conditions is or becomes illegal, void or unenforceable for any reason, the validity of the remaining provisions shall not be affected.

Failure by the Company to enforce strict compliance with these Conditions by the Customer will not constitute a waiver of any of the provisions of these Conditions.

References to clauses are to clauses of these Conditions, unless stated otherwise.

No order in pursuance of any quotation or otherwise shall be binding on the Company unless and until such order is accepted by the Company. Any contract made between the Company and the Customer shall be subject to these Conditions and no representative or agent of the Company has authority to agree any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them. Any such term, representation or contract will bind the Company only if in writing and signed by a director of the Company.

Unless otherwise agreed in writing by the Company, these Conditions shall apply to the exclusion of any terms and conditions stipulated or referred to by the Customer in his order or pre-contract negotiations or any inconsistent terms implied by law or trade custom, practice or course of dealing.

Any general description contained in the Company’s catalogues or other advertising material or otherwise shall not form a representation or be part of the contract.

Where the Company has not given a written acknowledgment of the Customer’s order, these Conditions will nonetheless apply to the contract provided that the Customer has had prior notice of them.

The Company reserves the right to correct any clerical or typographical error made by its employees at any time.

The Company reserves the right to cancel any order up until point of delivery.

If goods are made to a specification, instruction or design supplied by the Customer or any third party on behalf of the Customer then:

The suitability and accuracy of that specification, instruction or design will be the Customer’s responsibility; and the Customer will indemnify the Company against all infringement or alleged infringement of any third party’s intellectual property rights and any loss, damage or expense which it may incur by reason of any such infringement in any country.

The Customer will indemnify the Company against any loss, damage or expense in respect of any liability arising in any country by reason of the goods being made to such specification, instruction or design.

Any images, data sheets or instructions provided are for illustration purposes only.

Subject to the prior written agreement of the Company and to reasonable prior written notice, the Customer shall be entitled to inspect, or to arrange inspection on its behalf by a third party, the goods at the Company’s premises during Normal Business Hours.

In the course of any inspection, the Customer shall ensure that any person appointed by it to carry out the inspection shall comply with the Company’s health and safety requirements and policies.

The Customer shall not disclose any confidential information or trade secrets of the Company which are discovered in the course of inspection.

Where the Company has supplied the goods to the Customer accompanied by a test certificate, the Customer shall maintain a record of the identity of such goods from the date of delivery until such time as the goods are installed/incorporated into other items.

If the Customer modifies the goods, the Company shall have no liability in respect of any loss or damage arising from or in connection with any defect or failure in the goods or any error regarding weight, dimensions or capacity.

The Customer shall store the goods in clean, dry, well ventilated conditions and shall otherwise store, maintain and use the goods in accordance with any recommendations made by the Company.

Unless otherwise agreed in writing, the Company shall be entitled to increase its prices at any time to take account of any increase in the cost to the Company of purchasing any goods or materials or manufacturing, working on or supplying any goods (including any such increase arising from any change in taxes, customs duties, freight charges, insurance premiums or exchange rates).

All prices quoted are exclusive of VAT and the Customer shall pay any and all taxes, duties and other governmental charges payable in respect of the goods.

Without prejudice to clause 6.2, in respect of goods which have been the subject of claims by the Company for Inward Processing Relief (“IPR”), duty may be charged in addition to the Company’s prices in the event that the Customer is in the EC.

For all contracts other than International Supply Contracts and unless otherwise specified in writing by the Company, the Company shall deliver the goods to the address specified by the Customer. Prices quoted are, unless otherwise stipulated, inclusive of the costs of inspection, packaging and delivery.

If the contract requires the Customer to take delivery of the goods at the Company’s premises, the Company shall notify the Customer of the collection date and the Customer shall take delivery of the goods within 3 days of the collection date.

Should the Company be delayed in or prevented from delivering the goods due to any cause beyond its reasonable control, the Company shall be at liberty to terminate the order without incurring any liability for any loss or damage arising therefrom.

While the Company will endeavour to deliver the goods by any date or within any period agreed upon, such dates and periods are estimates only. Time for delivery shall not be of the essence of the contract.

If the Customer fails to take delivery on the agreed date, the Company shall be entitled to make an additional charge in respect of any delay caused by such failure.

Quantities dispatched may vary by plus or minus 10% from those ordered. Such variations will be charged pro rata.

Save in the case of International Supply Contracts, the risk in goods which the Company agrees to supply shall pass to the Customer on delivery, or the date on which the Customer defaults, or the date on which the goods being ready for delivery, delivery is postponed at the Customer’s request — whichever shall first occur.

Delivery shall be deemed to be completed before loading of the goods (in the case of delivery at the Company’s premises) or off-loading (in the case of delivery at the Customer’s premises).

All other goods or materials shall be at the Customer’s sole risk at all times, and the Company shall not be liable for any loss or damage sustained by any goods or materials left with the Company, howsoever caused.

Unless otherwise specified in writing by the Company, payment shall be made by the Customer net cash in Pounds Sterling not later than 7 days following the end of the calendar month during which the relevant date falls.

Time for payment shall be of the essence of the contract. The Company reserves the right to charge interest at HSBC Bank plc base rate plus 4% or at the rate specified under the provisions of the Late Payment of Commercial Debts (Interest) Act 1988 (whichever is the higher) on all overdue accounts.

The Customer shall pay to the Company an amount equal to any costs and expenses incurred (on a full indemnity basis) by the Company in recovering from the Customer any monies due and payable.

If there shall be an Intervening Event, the Company may defer or cancel any further deliveries, stop any goods in transit and treat the contract as determined, without prejudice to its rights to the full purchase price for goods delivered and damages for any loss suffered.

An “Intervening Event” includes: failure by the Customer to make any payment when due; breach by the Customer of any terms or conditions; the Customer’s proposal for or entry into any composition or arrangement with creditors; the presentation of any petition for a bankruptcy order, administration order or winding-up order; or the Company forming the reasonable opinion that the Customer has become unable to pay its debts.

Cancellation by the Customer will only be accepted at the discretion of the Company. Any costs or expenses incurred by the Company up to the date of cancellation will be paid by the Customer forthwith.

The Company will have no liability for damage in transit, shortage of delivery or loss of goods unless the Customer shall have given to the Company written notice of such damage, shortage or loss within 3 days of receipt of the goods. The Company’s liability, if any, shall be limited to re-supplying or repairing such goods.

The Company will have no liability for any direct or consequential loss (including but not limited to loss of profits, loss of business or other economic loss) arising out of any damage in transit, shortage of delivery or loss of goods.

The Company’s liability in respect of any defect in or failure of goods supplied is limited to re-supplying or repairing goods found to be defective within 14 days of delivery for defects apparent upon inspection, or within 12 months of delivery for defects not so apparent.

The Company shall have no liability in respect of any direct or consequential loss or damage sustained by the Customer arising from or in connection with any breach, defect, failure or error.

The property in the goods shall not pass to the Customer until the Company has received payment in full for all goods supplied to the Customer under this and any other contract.

Until ownership passes, the Customer shall hold the goods as the Company’s fiduciary agent and bailee and shall keep them separate from those of the Customer and third parties and properly stored, protected and insured, and identified as the Company’s property.

The Customer may resell the goods before ownership passes to it solely on the condition that any sale shall be effected in the ordinary course of business at full market value.

All intellectual property rights in the goods and in any specification, drawing, design or other document prepared by the Company shall remain vested in the Company.

The Customer shall not copy or reproduce any such specification, drawing, design or other document without the prior written consent of the Company.

The Customer shall keep confidential all information supplied by the Company in connection with the goods and shall not disclose such information to any third party without the prior written consent of the Company.

The proper law of all contracts with the Company shall be English law which shall govern in all respects the construction and effect of such contracts and of these conditions. The Customer agrees that in the event of any dispute arising out of the contract or the performance thereof, he will submit to the jurisdiction of the English Courts.

By placing an order on this website, you agree to our Shipping & Delivery Policy and our Returns Policy, both of which form part of these Terms & Conditions.

International Orders
International customers (outside the United Kingdom) are solely responsible for all import duties, taxes and customs charges levied by their country’s authorities upon delivery. These charges are not included in our prices and are non-refundable. We are unable to reimburse any import duties, taxes or customs charges under any circumstances.

Import charges are typically collected by the courier upon delivery and must be paid before the parcel is released. If you refuse to pay import charges and the parcel is returned to us, we reserve the right to deduct the cost of return shipping from your refund.

By completing your purchase, you confirm that you understand and accept responsibility for any import duties, taxes or customs charges that may apply to your order.