CONTOUR HEATING PRODUCTS LTD

TERMS & CONDITIONS OF BUSINESS

  1. Definitions
    In these conditions “the Company” shall mean Contour Heating Products Ltd., “the Goods” shall mean the product supplied by the Company, and “the Customer” shall mean the company, firm or person buying the goods from the Company.
  2. Application of Conditions
    All goods and services supplied by the Company are supplied on the following terms and conditions and no variation of those terms and conditions shall have effect unless expressly accepted by a director of the Company in writing. The Company’s conditions exclude any other terms and conditions which the Customer may seek to impose whether or not the Customer’s conditions are contained in any offer, acceptance or counter offer made by the Customer.
  3. Quotations
    All quotations given by the Company are subject to written acceptance by the Company on receipt of the Customer’s order and a contract will only be formed when the Company has accepted the Customer’s order or (if sooner) the Company procures goods for the Contract or commences manufacture of the Goods (”the Contract”), whichever is the sooner. All quotations are valid for 30 days.
  4. Accuracy of Description of Goods
    All descriptions, specifications, drawings and particulars of weights and dimensions submitted by the Company or otherwise contained in the Company’s price lists or other published matter are approximate only and none of these shall form part of any contract or give rise to any independent or collateral liability upon the Company being intended merely to present a general idea of the Goods as described therein.
  5. Price
    All prices quoted are the Company’s current prices at the time of quotation and are net ex-works and exclusive of Value Added Tax which, if applicable shall be added to the price at the rate prevailing at the date of Tax Point. The price payable for the goods shall be the price ruling at the date of despatch and the Company shall be entitled to adjust the price of the goods at any time between the date of confirmation of order and the date of delivery of the goods, to take account of any increase in costs incurred by the Company. Where the company agrees to deliver the Products, otherwise then at the Company’s premises the Customer shall be liable to pay the Company’s charges for transport, packaging and insurance, and export fees and charges.
  6. Delivery
    6.1 Delivery shall be deemed to have been effected when the goods leave the Company’s premises.
    6.2 Time for delivery is not of the essence and the Company shall not be liable for any loss or damage caused by late delivery or by non-delivery.
    6.3 The Company shall be entitled to make delivery by instalments and to invoice separately for each instalment.
    Where delivery is made by instalments, each instalment shall be construed as the subject of a separate agreement to which all the provisions of these conditions shall (with any necessary alterations) apply.
    6.4 Where the Company has agreed to deferred deliveries, such deliveries shall be accepted by the Customer within six months from the date of order. If the Customer fails to take delivery within such period, the risk shall pass to the Customer and the balance remaining undelivered together with storage costs shall be invoiced to the Customer and payment shall become immediately due.
    6.5 Goods which the Customer agrees to collect ex works must be collected within seven days of the Company notifying the Customer that the Goods are ready. If the Goods are not collected within
    this period the Company shall be entitled to invoice the Customer for the Goods and to charge for storage of the Goods, the Goods being held at the Customer’s risk.
    6.6 Deviations in quantity of the Goods delivered from those stated in the contract shall not give the Customer the right to repudiate the Contract, to reject the Goods (save insofar as they materially exceed the amount ordered) or to claim damages for breach of contract and the Customer shall be obliged to accept and pay at the contract rate for the quantity delivered (except insofar as the Customer has the right to reject the Goods under this Condition).
    6.7 Unless otherwise expressly agreed, the Customer is responsible for unloading the delivery vehicle and for loss of or damage to the Products during the course of unloading, regardless of whether the Products are delivered by the Company or by carrier.
    6.8 Any additional charge made by the carrier due to delay at the Customer’s premises or refusal to accept Products ordered by the Customer from the Company shall be borne by the Customer.
  7. Payment
    7.1 Subject to the provisions of clause 7.4 the total price of the Goods shall be due and payable on the 30th day of the month following month of delivery.
    7.2 Time for payment shall be of the essence and the Company shall be entitled to charge interest at 4% above the base lending rate of Barclays Bank PLC from the date when payment falls due until actual payment on all overdue accounts.
    7.3 The Company reserves the right at any time to demand payment in advance before continuing with or delivering any order.
    7.4 If the Customer fails to comply with its payment obligations the Company may withhold despatch of any part of the goods remaining to be despatched, suspend manufacture of the Goods remaining to be manufactured, suspend performance of or terminate the Contract or any Contract with the Customer and is entitled to immediate payment for all Goods delivered regardless of the length of time that has elapsed since the date of delivery.
    7.5 The Customer shall not be entitled to set-off sums due to the Company any amount claimed from the Company, whether under the Contract to which the claim relate or any other contract or claim at common law or for breach of statutory duty.
  8. Termination
    8.1 The Company shall, at its option, be entitled by notice to terminate all or any of its contracts with the Customer forthwith and recover all expenses and losses resulting to the Company including (but without limitation to) loss of profit or other consequential loss if:
    8.1.1 (a) the Customer has a bankruptcy petition presented against him or a bankruptcy order is made;
    (b) the Customer makes or seeks to make any composition or arrangement with his creditors;
    (c) the Customer makes a proposal to his creditors for a voluntary arrangement or applies for any interim order (within the meaning of Section 268 Insolvency Act 1986);
    (d) an encumbrance takes possession of any of the Customer’s assets, or any of the Customer’s property is taken in execution or process of law;
    (e) a petition is presented or an order is made or a resolution is passed for the winding-up of the Customer;
    (f) a petition is presented or an order is made for an administration order to be made in relation to the Customer;
    (g) the Customer’s directors make a proposal for a voluntary arrangement with the Customer’s creditors;
    (h) the Customer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986);
    (i) a receiver or administrative receiver is appointed over any of the Customer’s assets; or
    8.1.2 the Customer fails to make any payment owed to the Company on the due date and for this purpose “the Customer” shall be deemed to include, where it is a member of a
    group of companies, any other company in that group; or
    8.1.3 the Customer fails to make payment in advance when requested in accordance with Condition 7.3 above, within 7 days of being requested to do so; or
    8.1.4 the Customer fails to take delivery or to collect the Goods within 14 days of being notified by the Company that they are to be delivered or are ready to be collected; or
    8.1.5 the Customer is in breach of the terms and conditions of any contract with the Company (including breach of these Conditions) and for this purpose “the Customer” shall be deemed to include, where it is a member of a group of companies, any other company in that group.
  9. Risk and Property
    9.1 Risk in the Goods shall pass to the Customer when the Goods are delivered or collected by the Customer or its agent.
    9.2 Not withstanding that risk in the Goods shall have passed to the Customer, title in the Goods shall not pass to the Customer until the Customer has paid the Company for the Goods and until full payment has been received by the Company under any other contract outstanding with the Customer.
    9.3 Until title to the Goods passes to the Customer the Customer shall keep the Goods in good and substantial repair and condition and the Goods shall be stored in such a way as to be clearly identifiable as belonging to the Company.
    9.4 The Company shall at any time be entitled to appropriate any payment made by the Customer in respect of any goods in settlement of such invoices as the Company may in its absolute discretion think fit
    notwithstanding any purported appropriation by the Customer.
    9.5 Failure to pay the full amount when due shall give the Company, or its employees or agents, the right to repossess the goods (and enter the Customer’s premises for that purpose if necessary) with or without notice and without liability and, at its option, to avail itself of any other legal remedy.
    9.6 A cheque given by the customer shall not be treated as payment until it has been cleared.
  10. Inspection/Shortages
    10.1 The Customer shall inspect the Goods on delivery or on collection as the case may be.
    10.2 In all cases where the Customer complains of defects or shortages, the Company shall without prejudice to the question of liability generally be under no liability in any event if it has not been given an opportunity to inspect the goods before they have been used by the Customer.
    10.3 In respect of damage to all or part of the Goods or loss of part of the Goods comprised in the Contract notification must be made to the Company within 3 days of delivery of the Goods and separately to the Carrier within the period stipulated by the Carrier’s terms of carriage for claims against the Carrier. It is agreed that these time limits constitute a reasonable opportunity to examine the goods, and a reasonable time to intimate rejection.
  11. Guarantee
    The following sets out the Customer’s rights in respect of any loss or damage of the Goods (or Services) or for any statements made by only the Company. Please read carefully. The Customer should obtain insurance against any losses it may sustain.
    11.1 The Company warrants that it has title to and the right to sell the goods.
    11.2 If the Customer establishes to the Company’s reasonable satisfaction that:
    (a) there is a defect in the materials or workmanship of the Goods (or Services); or
    (b) where the Company has supplied designs, drawings operations and other data relating to the Goods (or Services), there is a defect in the design of the Goods (or Services); or
    (c) where the Customer has supplied designs, drawings, specifications and other data relating to the Goods, there has been a failure by the Company in relation to the conformity of the Goods
    with the Contract; then the Company shall at its option either:
    (d) where the Goods are sold by way of production sample, the Goods fail to conform to the sample;
    or
    (e) there is some other failure by the Company in relation to the conformity of the Goods with the Contract; then the Company shall at its option either:
    (i) repair or make good such defect or failure in the Goods free of charge (including all costs of transportation of the goods to and from the parties for that purpose) to the Customer; or
    (ii) in relation to such defective Goods or failure re-supply goods which are in all respects in accordance with the Contract; or
    (iii)issue a credit note to the Customer in respect of any defective Goods for such amount as is reasonable; subject in every case to the remaining provisions of this Condition.
    11.3 Paragraph 11.2 of this Condition (“The Guarantee”) shall not apply notwithstanding any other statutory obligations:
    (a) unless the Customer notifies the Company in writing of the alleged defect or failure immediately upon first becoming aware of it and in any event within 12 months of the delivery of
    the Goods to the Customer under the provisions of Condition 6; and
    (b) unless the Customer returns to the Company as soon as reasonably practicable after first becoming aware of the alleged defect or failure (and before the Customer has used the Goods) a sample of the Goods where practicable, carriage paid by the Customer, for inspection examination and testing and otherwise permit the Company to have access to the Goods at the Customer’s premises or other location where they may be for such purposes.
    11.4 If the Company elects to replace the Goods it shall deliver the replacement Goods to the Customer at the Company’s own expense at the address at which the defective or failed goods were located and the title to the replaced Goods shall (if it has vested in the Customer)
    11.5 The Guarantee is in substitution for any other of the Customer’s legal remedies in respect of the alleged defect or failure and the Company’s liability shall in all such cases and for all such purposes be limited to the obligations imposed by the Guarantee, except for and to the extent of any obligation the Company may have expressly accepted in writing, provided that such acceptance has been given by a director of the Company.
    11.6 Nothing contained in this Condition 11 shall operate so as:
    (a) to exclude the Company’s liability for death or personal injury resulting from its or employees’ or agents’ negligence.
    (b) to exclude the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979.
  12. Limitation of Liability
    12.1 Except to the extent provided in the Guarantee any term, condition, warranty, representation or undertaking on the Company’s part as to the quality of the Goods or their fitness or suitability for any purpose or the standard of workmanship however and whenever expressed or which may be implied by statute custom of the trade or otherwise is hereby excluded and the provisions of Section 13 to 15 inclusive of the Sale of Goods Act 1979 (as amended) shall not apply to the Contract except where the Customer deals as consumer within the meaning of Section 12 of the Unfair Contract Terms Act 1977.
    12.2 Except to the extent provided by the Guarantee (and as set out in 11.3) the Company shall not be liable to the Customer in Contract, tort or for breach of statutory duty for any direct loss or damage in excess of the value of the defective or failing Goods or £500,000 whichever is the greater which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in relation to the Goods and/or the performance of the Contract by the Company or the Company’s employees or agents. For the purpose of this sub-clause, the expression “direct loss” means the cost of procuring additional Goods and Services to ensure accordance with the agreed specification or sample, or additional labour, material or other charges associated with such additional Goods and Services; and damage to the Customer’s property caused by defects in either the Goods (or Services).
    12.3 Except to the extent provided by the Guarantee the Company shall not be liable to the Customer in Contract, tort or for breach of statutory duty for any indirect or consequential loss (including economic loss) of any kind whatsoever, which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in relation to the Goods and/or the performance of the Contract by the Company or its employees or agents. For the purpose of this sub-clause, the expression “consequential loss “ includes (but is not limited to): loss of profits, loss of the Customer’s business of the Customer’s contracts, loss of anticipated savings in costs or expenses, losses arising from failure of the Goods or Services such as Loss of profit on work lost or wasted management time, third party losses due to delays in supplying the Goods or Services and any special damages.
    12.4 Nothing in these Conditions shall impose on the Company any liability in respect of any representation suggestion or comment with regard to the Goods made by the Company orl its employees or agents in the course of any negotiations between the Company and the Customer leading to the making of a Contract unless the Company has expressly agreed in writing that such representation shall be a term of the Contract.
  13. Indemnity
    The Customer shall keep the Company indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature made by third parties caused in whole or in part or arising out of any act or omission of the customer in connection with the use or storage or sale of the Goods.
  14. Designs etc.
    14.1 Where the goods are made to a specification, instruction, or design supplied by or on behalf of the Customer:
    14.1.1 the Customer is responsible for the suitability and accuracy of the specification, instruction, design or drawing (even where finally produced by the Company);
    14.1.2 the Customer shall indemnify the Company against infringement of any third party’s intellectual property rights in the specification, instruction, design or drawing.
    14.2 Copyright, design right and any other intellectual property rights in all drawings, designs and the like prepared by or for the Company rests in the Company.
  15. Assignment
    The Customer shall not assign nor transfer nor purport to assign or transfer any contract to which these conditions apply or the benefit thereof to any other company or person whatsoever.
  16. Force Majeure
    The Company shall not be liable for any failure to deliver the Goods arising from circumstances outside the Company’s control including, for example, acts of God, war, riot, explosion, abnormal weather, fire, flood, strikes, lock outs, government action or regulations (UK or otherwise), delays by suppliers, accidents and shortages of materials, labour or manufacturing facilities.
  17. Cancellation
    No cancellation by the Customer is permitted unless expressly agreed by a director of the Company in writing. In the event of cancellation the Customer will indemnify the Company fully against all expenses incurred by the Company together with liquidated damages of 15% of the contract price.
  18. Waiver
    Waiver by the Company of any breach of these conditions, or any grant of time or indulgence by the Company to the Customer, shall in no way derogate from the Company’s rights hereunder.
  19. Severability
    If at any time, any part of these Conditions (including any one or more of the clauses of these Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be
    or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Conditions and the validity and/or enforceability of the remaining provision of these Conditions shall not in any way be affected or impaired as a result of the omission.
  20. Notices
    20.1 Any notice, consent, notification, acknowledgement, authority or agreement required or referred to in the contract shall be:
    20.1.1 in writing and given to the party for whom it is intended at their registered or main office or last known address, and
    20.1.2 given by registered or recorded delivery post or telefax and shall be deemed to have been received 5 days after posting or 1 day after transmission as the case may be.
  21. Jurisdiction
    All contracts between the Company and the Customer shall be governed and be construed in accordance with English Law and all disputes arising in relation to such contracts shall be submitted to the jurisdiction of the English courts.

 

PURCHASE ORDER TERMS & CONDITIONS

  1. DEFINITIONS

1.1 The following terms shall have the following meanings:

(i) “CHP” means Contour Heating Products Limited.

(ii) “Seller” means the individual, company or concern to whom the Order is addressed and issued.

(iii) “Order” means the agreement between CHP and the Seller for the Goods identified above and incorporating these Conditions of Business.

(iv) “Goods” means the subject matter of the Order overleaf including all contents and materials, items, articles, things, services, delivery, testing, drawings or work as required by CHP.

(v) “Delivery Date” means the date or dates for physical delivery of the Goods specified in the Order or any delivery schedule supplied by CHP to the Seller.

(vi) “Main Contract” means any Contract governing works to be carried out by CHP for a third party (a copy of which is available for inspection on request) in relation to which the Goods form part of the works for the said third party.

2. CONTRACT TERMS

2.1 The acceptance of an Order by the Seller including any acceptance implied by performance//delivery shall be subject to these Conditions of Business. Any variation of these Conditions of Business shall only be valid if agreed in writing by CHP.  Where the offer to supply the Goods is made subject to the Sellers conditions those conditions shall not form part of the Order or any agreement between CHP and the Seller

2.2 Where the Order is in respect of Goods which are related to or form part of a Main Contract then the Goods shall comply with all the terms of the Main Contract (insofar as applicable to the Goods) the intention being that CHP’s obligations under or arising from the Main Contract and relating to the Goods should be fulfilled by the Seller. Without prejudice to the foregoing the Settler shall be bound by all the provisions of the Main Contract and the Order shall include all associated specifications applicable to the Goods.

3. DELIVERY

3.1 The Seller shall deliver the Goods to the address stated on the Order or any other address notified by CHP to the Seller.

3.2 CHP shall be entitled to amend or alter the Delivery Date without any liability for any expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising as a result of any amendment to the Delivery Date.  The Seller is responsible for all the costs of off-loading the Goods.

3.3 Time is of the essence of the Order and failure by the Seller to deliver by the Delivery Date shall entitle CHP to elect to terminate the Order forthwith by serving written notice on the Seller and without prejudice to all of its other rights and remedies and shall relive CHP from any obligation to accept or to pay for the Goods.

3.4 The Seller shall be liable for and shall indemnity CHP for any expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising from any failure on the part of the Seller its servants or agents to supply the Goods by the Delivery Date.

4. GOODS

4.1 The Seller warrants that the Goods shall conform as to quantity, quality, specification and description with all the particulars stated in the Order.

4.2 Without prejudice the generality of clause 4.1:-

4.2.1 The Goods supplied by the Seller shall be of satisfactory quality and/or

4.2.2 Where CHP makes known to the Seller the purpose for which the Goods are to be used, either expressly or by implication, the Goods shall be fit for that purpose and/or

4.2.3 The Goods shall be of the best quality and workmanship and/or

4.2.4 Where British Standards specifications are referred to or are relevant or are applicable the Goods shall comply in all respects with those British Standards and/or

4.2.5 The Goods shall comply with any Acts of Parliament, any instrument , rule or order made under any Act of Parliament or any regulation or bylaw of any local authority or any statutory undertaker and/or

4.2.6 The Goods shall comply with all applicable laws, regulations, Orders, by laws, Codes of Practice and/or CHP guidance relating to any health and safety issues.

4.3 The Seller shall not substitute any alternative Goods or change the quantities to be supplied to CHP. It is the Sellers responsibility to provide suitable packing and protection for the Goods.

4.4 Without prejudice to any other rights or remedies which CHP may possess any defect in design, specification, materials, workmanship or operating characteristics develop during the first 36 months from the Delivery Date the Seller shall without prejudice to CHP’s other rights and remedies (in particular but without limitation to clause 11 hereof) make any necessary alteration, repair or replace defective Goods without any charge to CHP. If the defect cannot be corrected the Seller shall at CHP’s option remove the Goods and refund the full price paid.

4.5 The Seller shall at the request of CHP provide certification that the Goods provided comply with the standards or specifications required by the Order such certification shall include where requested but shall not be limited to supportive test data or any other supportive data to meet British Standards or any other applicable laws, Regulations, Codes of Practice or standards required by the Order.

4.6 CHP shall have a period of 28 days from the date of physical delivery of the Goods to inspect the Goods. If at any time prior to expiry of that period it appears the Goods do not comply with all the provisions of the Order CHP may without prejudice and in addition to any other rights return the Goods to the Seller.

4.7 The Seller warrants that all Goods supplied are not an infringement of any patent, registered design right, unregistered design right, copyright, registered trademark, unregistered trademark, database right, semiconductor topography design right or in any know how.

4.8 The Seller hereby grants an irrecoverable licence to CHP with or without other interested parties to have immediate access (without prior notice) to any part of the Sellers premises and/or to inspect any matter or thing relating to the Goods at any time for any purpose in connection with the supply or quality of the Goods.

4.9 The Seller shall be liable for and shall indemnity CHP for any expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising from any failure of the Goods to comply with any of the provisions of this clause 4 of the Order.

5. PRICE/PAYMENT

5.1 The price specified in the Order shall be a fixed price and shall only be subject to variation in the event of written agreement by CHP. The price shall include inter alia all charges including charges for packing, loading, unloading and transport. CHP shall pay the Seller the price specified in the Order in accordance with the Order.  CHP may set off or deduct from any monies payable to the Seller any monies due or payable or in the opinion of CHP likely to become due to or payable by CHP as a result of any breach of the Order or any other contract entered into between CHP and the Seller whether or not the subject matter of such other contract is in any way related to the subject matter of the Order.

6. DRAWINGS/CONFIDENTIAL INFORMATION

6.1 All drawings and specifications prepared by CHP shall remain the property of CHP and the copyright is reserved. No copies shall be made or extracts taken without the prior written consent of CHP.  Any specifications, drawings and/or dimensions provided by CHP are approximate only. The Seller shall not use any drawings and specifications supplied by CHP without CHP’s consent in writing and CHP shall not be liable for any expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising from any reliance upon or use of such drawings and specifications by the Seller.

6.2 The Seller shall be liable for and shall indemnity CHP for all expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising as a result of any discrepancies, errors or omissions in drawings and information supplied by the Seller to CHP in relation to the Goods.

6.3 All information supplied by CHP to the Seller is confidential and may not be disclosed to others or used by the Seller for any purpose other than the performance of the Order without the prior written consent of CHP. The Seller undertakes to keep confidential all information supplied by CHP in relation to the Order.

7. SUB-CONTRACTING

7.1 The Seller shall not be entitled to assign any of its rights or obligations under the Order.  The Seller shall not be entitled to sub-contract the supply of any component of the Goods without CHP’s prior written consent. No sub-contracting shall relieve the Seller from its obligations to CHP under the Order.

8. CANCELLATION

8.1 CHP shall have the right in its absolute discretion without reason to cancel forthwith the whole or any part of the Order at any time upon giving written notice to the Seller. In the event of cancellation by CHP, CHP shall determine the amount CHP considers reasonable in its absolute discretion as the open market value of any Goods accepted by CHP or the value at rates or prices contained in the Order whichever shall be the lesser amount at the date of cancellation of the Order and:·

8.1.1 If CHP has paid more than the said amount determined by CHP the Seller shall within 5 days of a written demand from CHP pay to CHP the difference between the amount paid by CHP and the said amount determined by CHP

8.1.2 If CHP has paid less than the said amount determined by CHP, CHP’s liability shall be limited to payment of the difference between the amount paid by CHP and the said amount determined by CHP.

8.2 In the event of cancellation under clause 8 then in addition to clause 8.1:

8.2.1 CHP shall not be liable for any direct or consequential loss, loss of revenue or profit or any other expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising from the cancellation of the Order and/or

9. OWNERSHIP

9.1 The Seller warrants that it is the owner of the Goods and that no third party has any claim in respect of the Goods supplied by the Seller. Legal and equitable ownership of the Goods shall pass to CHP when the Seller physically delivers the Goods to CHP. Save where CHP has made any payment to the Seller in advance of delivery in which case legal and equitable ownership of the part of the Goods or any other equipment paid for by CHP shall immediately upon payment pass to CHP but the risk of loss, damage or deterioration shall remain with the Seller.

9.2 The Seller shall have no right whatsoever (regardless of payment) to claim or retake possession of the Goods once the Goods have been physically delivered to CHP.

9.3 CHP shall retain the legal and equitable ownership of any goods, materials or equipment provided by CHP to the Seller and shall be entitled to take possession thereof at any time (with or without notice) but the risk of loss, damage or deterioration on shall be with the Seller.

10. NON-WAIVER/SEVERANCE

10.1 No relaxation, forbearance, delay or indulgence by CHP in enforcing any of the terms and conditions herein or the granting of time by CHP to the Seller shall prejudice, effect or restrict the rights and powers of CHP hereunder, nor shall any waiver by CHP of any breach operate as any waiver of any subsequent or continuing breach thereof. If any provision in these Conditions of Business shall be found to be invalid by any tribunal of competent jurisdiction, the same shall be deleted but the remainder of the condition containing the provision and the other conditions shall continue in full force and effect.

11. INDEMNITY

11.1 The Seller shall be liable for and shall indemnify CHP for any expenses, costs, liabilities, losses, claims, proceedings and/or damages of whatever nature arising from any breach on the part of the Seller, its servants or agents of any of the terms of the Order.

12. LAW OF CONTRACT

12.1 The Order shall in all respects be governed by and construed according to the laws of England. All disputes arising from or in connection with the Order are to be referred to the English Courts who shall have exclusive jurisdiction to hear and determine proceedings in respect thereof

13. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

13.1 Nothing in this Order is intended to confer on any person who is not a party to it any benefit or right to enforce the terms of this Order solely by virtue of Section 1 of the Contracts (Rights of Third Parties) Act 1999.

14. SERVICE OF NOTICES

14.1 A notice or other document may be served by any effective means.

14.2 A notice or other document shall be treated as effectively served if it is addressed, pre-paid and delivered by post:

14.2.1 To the addressee’s last known principal residence, or, if he is or has been carrying on a trade, profession or business, his last known principal business address; or

14.2.2 Where the addressee is a body corporate, to the body’s registered or principal office.

15. RECKONING PERIODS OF TIME

15.1 Where an act is required under this Order to be done within a specified period of time after or from a specified date, the period begins immediately after that date.

15.2 Where the period would include Christmas Day, Good Friday or a day, which under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales, or, as the case may be, in Scotland, that day shall be excluded.

 

10 YEAR AND 5 YEAR WARRANTIES ON CONTOUR LST RADIATOR EMITTERS & GUARDS

Contour products are designed, developed and manufactured to provide years of hassel-free service. In addition Contour Heating Products Ltd (Contour) provides limited warranties on its range of LST heating solutions. These warranties do not affect your statutory rights.

Contour warrants to the original purchaser at the original installation site, that its radiator emitters will be free from materials and manufacturing defects for a period of 10 years and that its radiator guards are likewise free from materials and manufacturing defects for up to 5 years, from purchase date. These warranties are subject to the conditions noted below:

The original purchaser’s remedy for breach of these Warranty is expressly limited to repair or replacement of any part or parts found to be defective under conditions of normal service and use during the Warranty periods. Contour will not be liable for any incidental, special or consequential damages or losses whatsoever. These include but are not limited to, use of the product, inconvenience or lost profits.

The Warranties do not cover any defect, damage or malfunction in the products which is due to; failure to comply in any respect with Contour’s installation, maintenance or operating instructions; faulty storage, handling, installation or repair; misuse; neglect; accident; abuse; or general wear and tear.

To ensure that Contour LST products provide you with the service that we expect, it is important that they are installed in accordance with the British Standard Code of Practice for Central Heating for Domestic Premises BS 5449 Part 1 and the British Standard Code of Practice for the Treatment of Water in Domestic Hot Water Central Heating Systems, BS7593.

Before any free service under this Warranty can be provided, the original purchaser will be required to prove the date of original purchase and may be required to furnish Contour with supporting information, as Contour may need to investigate an alleged defect.

Contour reserves the right to make reasonable charge for inspection and testing any product which is subject to a Warranty claim and the rights conferred by the Warranty are conditional upon the payment of such charge.

The charge may be made at Contour’s discretion, either before or after the inspection and testing of the product. In the event that it is established to Contour’s reasonable satisfaction that a valid Warranty claim has been made in respect of the product, then any charge which has been paid will be refunded in full by Contour.

How to report a problem:
If you believe there is a problem with any Contour LST products, please contact in the first instance:

[email protected]

Or

Call: (01952) 290498

Or write to:

Contour Heating Products Limited
Stafford Park 15
Telford
Shropshire
TF3 3BB