Terms and Conditions
Sarsen Energy Ltd – Consumer Terms and Conditions of Sale:
Retail Showroom, Domestic and Non Domestic Installation
All orders are placed with Sarsen Energy Ltd, Registered in England, Company No: 5116096, VAT Registration No. GB 692 403 630. Registered Office: Sarsen Energy Ltd, Unit 1 – Garlands Trading Estate, Cadley Road, Collingbourne Ducis, Marlborough, Wiltshire, SN8 3EB These terms and conditions will apply to all sales of products, services and installations made by Sarsen Energy to our customers.
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
Sarsen Energy means Sarsen Energy Ltd, registered address: Unit 1 – Garlands Trading Estate, Cadley Road, Collingbourne Ducis, Marlborough, Wiltshire, SN8 3EB
‘Goods’ means the products, service and installation which we are selling to you as set out in the Order.
‘Order’ means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
‘Unexpected Event’ shall have the meaning given to it in clause 11.
‘Working Day’ means any day except; Saturday, Sundays, Bank and Public Holidays.
‘We’ and ‘Us’ and related expressions mean Sarsen Energy as detailed above.‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.‘Consumer’ means any person who, in buying goods is acting for purposes that are outside their business.Special orders’ means any goods which are made to your specification, non-stocked items which are ordered specifically for your order, and or items which are clearly personalised.
BASIS OF CONTRACT
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods and or services. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the order, the order shall prevail.
2.3 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
CANCELLATION or AMENDMENT of the order
3.1 Cancellation of any order shall be subject to a cancellation charge of up to 20% of the value of the goods at the date of acceptance of an order, with exception to:
3.1.1 Items and or goods which are manufactured specifically, to individual colour, design or size requirement.
3.1.2. Replacement / spare parts or elements
3.2 If you exercise your rights to cancel or amend your order, any refunds due will be refunded within 30 days.
4.1 We warrant that on delivery, the goods shall:
4.1.1 Comply in all material respects with their description on the order;
4.1.2 Be of satisfactory quality;
4.1.3 Be fit for purpose we say the goods are fit for;
4.1.4 Be free from any material defects in design, material or workmanship; and
4.1.5 Comply with all applicable statutory and regulatory requirements for selling the goods in the United Kingdom.
4.2 The warranties set out in this clause 4 are in addition to your legal rights in relation to goods which are faulty or which do not otherwise conform to these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.3 This warranty does not apply to any defect in the goods arising from:
4.3.1 Fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 Use of the goods in a way that we do not recommend;
4.3.3 Your failure to follow instruction (including instructions about use, cleaning and servicing of the goods) which we have provided to you; or
4.3.4 Any alteration or repair you carry out.
PRICE AND PAYMENT
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
5.2 Estimates and quotes for goods and services are given on the basis that a binding contract shall only come into existence in accordance with clause 2.4. The estimate is valid for 30 days from date of issue (unless otherwise stated); unless we notify you that we have withdrawn it during this period.
5.3 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
5.4 The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
5.5 Payment of all goods must be made in within a maximum of 30 days, from installation, by cash, BACS payment, credit or debit cards. We accept payment with Visa, Maestro and MasterCard payment cards.
5.6 If the account goes in to default through none or partial payment, we reserve the right to charge interest at the rate of 3% per month above bank base rate.
5.7 If the account goes in to default through none or partial payment , all costs for recovery of outstanding debt will be liable to the consumer, in addition to the interest rate listed above in para 5.6
6.1 The goods will be delivered to your delivery address specified on the order.
6.2 Delivery of the order shall be complete when we deliver the goods to you.
6.3 If we are not able to deliver the whole of the order at one time for any reason including operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6.4 We will take reasonable steps to meet the delivery estimate set out on the order (or as otherwise agreed between us in writing). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at the time of ordering.
6.6 Wherever possible, deliveries will be made using our own vehicles with a two man crew.
6.7 We may decline to deliver the goods if:
6.7.1 We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.8 If you fail to take delivery of the order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.8.1 We will store the goods until delivery takes place and may charge you a reasonable sum to cover expenses; and
6.8.2 We shall have no liability for late delivery and or installation and or commissioning of appliances.
6.9 Once received, please check all goods within 10 working days.
7.1 Installation constitutes acceptance of the product.
7.2 Sarsen Energy offer a number of installation and design services / options; please contact: 01264 850742 for further details.
RISK AND TITLE
8.1 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
8.2 Whilst ownership of the goods passes to you once full payment is made, the goods will be fully insured by us whilst in our storage awaiting delivery. Our insurance cover will cease on delivery of order in accordance with Clause 6.2.
LIMITATIONS OF LIABILITY
9.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Neither you nor we shall be responsible for losses that result from our own failure to comply with these Terms
including, but not limited to, losses that fall into the following categories:
9.2.1 Loss of income or revenue;
9.2.2 Loss of business;
9.2.3 Loss of anticipated savings;
9.2.4 Loss of data; or
9.2.5 Any waste of time. However this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3 Neither of us will exclude or limit in any way our liability for:
9.3.1 Death or personal injury caused by our negligence; or
9.3.2 Fraud or fraudulent misrepresentation; or
9.3.3 Any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or
9.3.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
9.3.5 Any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.
WAIVER AND VARIATIONS
10.1 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected Event’).
11.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
11.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.
12.1 Conditions and defects existing in flues, positioning of chimneys, available air supply, topography, wind and climatic conditions all effect chimney performance. Sarsen Energy endeavour to ensure that all products, installations, services and advice given comply with Accepted Codes of Practice (ACOPs) and Building Regulations, which are extant at that time. However, no guarantee can be given that smoke emission will never occur and no liability can be accepted for any; loss or damage and or for the cost of any further works that may be required with regard to this occurrence.
13.1 Sarsen Energy have no control over individual make -up colour, veining or inherent features in natural materials. Displays and samples are provided as an indication only, natural variation will occur. Please be aware of this and accept that a natural variation is inevitable. Exact resemblance cannot be guaranteed.
14.1 These terms and conditions only apply if you are dealing with us as a retail customer, both domestic and non-domestic. If you wish to trade with us in the course of your business, please refer to our trade terms and conditions.
15.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have nonexclusive jurisdiction.
15.2 If any of these Terms are unenforceable as drafted:
15.2.1 It will not affect the unenforceability of any other of these Terms; and
15.2.2 If it would be enforceable if amended, it will be treated as so amended.
15.3 All notices sent by you to us must be sent to Sarsen Energy Ltd at the registered offices above. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
15.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.