(g) The customer is responsable for removal and disposeal of ALL waste material generated.
3. OTHER SUPPLIERS of GOODS & SERVICES
(a) The Quotation or Estimate will outline tasks to be undertaken other than by the Company. These may include but not exclusively, Asbestos surveys including sampling and/or removal, Gas, Oil, Electrical, Survey, Structural rectification and other Construction work.
(b) The Company in no way recommends or endorses the Customer’s involvement with or direct employment of anyone other than representatives of the Company unless suitably qualified.
(c) The Company shall be in no way held responsible for the thoughts, words, deeds or omissions of other equipment or materials suppliers, or other services suppliers per 3a).
(d) At all times, responsibility for verification of the necessary qualifications of other equipment, materials or Services Suppliers shall reside solely with the Customer.
(e) For Customers’ information, the Company’s HETAS Registration reference is #5306 and the Company’s HETAS certificated fitters or sub- contracted fitters are registered with HETAS.
(f) Where non-HETAS installations are planned, the prior approval, on-going supervision and final sign-off must be by a Local Authority Building Control Officer (BCO)
(g) UK Solid Fuel “Wet-Side” standalone and integrated systems are not installed by the Company. For this work Grade 1 wet-systems-qualified HETAS Engineers are required, or the work must be done under BCO supervision.
4. MATERIALS
(a) All materials supplied and/or fitted by the Company will comply with HETAS recommendations and be of good quality and suitable for use under those recommendations.
(b) The Company shall be under no liability whatsoever in respect of minor blemishes and imperfections in the materials not covered by a manufacturers’ performance warranty.
(c) Despite the Company’s best endeavours installations may not be aesthetically perfect due to peculiarities in fireplaces, stoves, chimneys, hearths and buildings design & construction. Any and all decorative finishes including plaster work is the customers responsibility.
(d) The Customer accepts that unavoidable compromises may be necessary during installation under 3
(e) placing HETAS and UK building regulation standards above minor aesthetic considerations.
(f) Until full payment has been made to the Company, all materials shall remain the property of the Company.
5. REGULATIONS
(a) All Materials supplied will comply with HETAS & Building Regulations. Installations will comply with HETAS & Building Regulations, cosmetic & clearance considerations excluded.
(b) Certificates of Compliance with Building Regulations will only be issued once full payment has been received by the Company.
6. WARRANTY
(a) The Company undertakes to repair or replace, free of charge, any installation proven defective as a result of faulty workmanship within 1 year from the date of Installation.
(b) Manufacturer’s Warranties apply to all installation materials used, provided the relevant Warranty paperwork is returned to the relevant Manufacturer in the stated time and fashion. Specific Manufacturers’ Warranty exclusions apply to some internal and external service-renewable parts of their stoves.
(c) Customers wishing to obtain redress from Manufacturers’ Warranties for Materials and/or labour charges made by the Company for rectification must do so directly.
(d) Warranty facilities apply only to the original Customer and are neither extendable nor transferable to any other party.
(e) Interference with or modification to the Installation if undertaken by other persons, including damage due to accident or misuse and faults or premature deterioration resulting from misuse or abuse will invalidate any warranty.
(f) Customers’ failure to correctly use and maintain installations are excluded. The Company may charge for service calls of this nature, or may refuse to rectify related issues.
7. PAYMENTS
a) Where technical reports or input are required by a Customer or a Supplier, the charge is from £50+VAT per hour, including on-site, research and report writing activities.
(b) A minimum 30% or cost of purchased materials by the company whichever is greater deposit is required before setting a fitting date. Special order stoves must be paid in full in advance and may be subject to manufacturers’ delivery delays of between 7 days and 3 months.
(c) When no stove is bought from the Company, (e.g.: stove installation only) 50% of the quoted / estimated cost or cost of purchased materials by the company is due before setting the Fitting Date.
(d) The balance due plus any necessary extras arising during installation, is due in full when installation is complete.
(e) The Quotation / Estimate will specifically include the known tasks to be undertaken by the Company. Anything not expressly included in the Quotation / Estimate must therefore be considered “Extras”.
(f) Any new or changed legislation arising after provision of a Quotation / Estimate and affecting legal completion of an Installation shall be considered “Extras” e.g. air-vents & Carbon Monoxide alarms.
(g) Any levies or variations in taxation imposed by the Government after the Quotation or Estimate but prior to Installation will be added to the final invoice.
(h) Where an Installation is proceeding by Stages, full payment is required at the completion of each Stage defined in the Quotation / Estimate.
(i) The presence of any alleged defect does not constitute a reason for withholding any payment. Any costs of pursuit of the customer for outstanding payments will be charged.
(j) The Company will seek to agree to and/or rectify any potential issues with the Customer post-implementation, only provided that all deposit or stage payments due to date have been made.
(k) Any legal issues arising after HETAS and building regulations certification have been issued that cannot be agreed between the Company and the Customer shall only be settled through the HETAS arbitration scheme. See HETAS.co.uk for details.
(l) Interest is due on all unpaid accounts and within 3 days of invoice a charge at 5% per month or part-month over the annual base rate per annum for the time being of the Company's bank.
(m) Any dishonoured cheque will attract a penalty payment of £25 plus 5% per month or part-month over the annual base rate per annum for the time being of the Company's bank.
(n) There is no exception to the Interest due and penalty payment clauses 6(l) & 6(m) above and this condition will be rigorously enforced in English Law.
8. ACCEPTANCE & CANCELLATION
(a)The Terms & Conditions shall not be construed so as to affect the statutory rights of Customers whose acceptance of a Quotation / Estimate implies full acceptance of these Terms & Conditions.
(b) If a contract is cancelled, then at the entire discretion of the Company upon the Customer's Breach, the Company may seek to recover damages up to the full Quotation or Estimate price.
(c) If the Company, at the Company’s sole decision, cannot complete an installation due to building structure issues, then any pre-payments will be refunded to the Customer in full.
(d) Cancellation may be effected by written notice of cancellation to: Lexands UK LTD, Overton Farm, Southhook Road, Kilmarnock. KA2 0EE. A fee up to the full value of the Quotation or Estimate may apply.
(e) These terms and conditions shall not be construed to affect the statutory or common law rights of the purchaser or the Company.
Copies of these Terms & Conditions are prominently displayed in Company premises and on line at www.lexands.co.uk. In accepting any opinions, publications, goods or services from the Company, Customers accept that all such communications and transactions are limited and controlled by these Terms & Conditions.