i) The Company shall mean Clear Chimney Services Ltd whose registered office is
at 90-92 High Street, Evesham, Worcestershire WR11 4EU.
ii) The Customer means any party entering into a contract with the Company for
the supply of goods and / or services to that party.
a) Any contract made between the Company and the Customer shall incorporate and
be subject to the following conditions and all other terms and conditions whatsoever
are excluded from the contract, which cannot be varied other than in writing signed
by a Director of the Company.
b) Quotations by the Company are not offers and may be withdrawn without notice.
Any order given in respect of a quotation or otherwise is not binding upon the Company
unless and until accepted in writing.
a) All prices are subject to fluctuations in the cost of labour, materials, transport,
currency exchange rates and taxation whether new or existing or other overheads.
Any increase in such costs after the date of quotation shall be added to the contract
price and a Certificate of the Company’s Auditors certifying the amount of such increase
shall be conclusive and binding on the Company and the Customer.
b) If delivery and performance are postponed or delayed at the request of or by
reason of the default of the Customer as the case may be, the customer shall pay
all costs and expenses thereby incurred by the Company together with a reasonable
charge for storage.
a) Title shall pass to the Customer when payment in full shall have been made to
b) Risk shall pass to the Customer upon delivery of the goods to the Customer’s
a) Dates given by the Company for delivery and performance are statements of expectation
and shall not be binding upon the Company. Failure by the Company to meet any such
dates shall not entitle the Customer to any damages which he may sustain or treat
the contract as repudiated or to rescind it or any related contract.
5. TERMS OF PAYMENT
a) Time for payment as hereinafter set out shall be of the essence of the contract
and the Company shall be entitled to charge interest at the rate of 15% per annum
of all overdue accounts / amounts and in addition may suspend work and postpone the
fulfilment of its obligations on all work for the Customer until such overdue payment
b) General Contracts - All goods supplied are subject to pre-payment seven days
prior to collection and despatched unless specific arrangements for an account have
been agreed. Such account will be strictly eighteen days with any delay in payment
incurring interest at 15% per annum on any outstanding balances. Installation works
are to be paid to our engineers on-site or to our offices on the day of installation,
unless otherwise agreed in writing. Payment of any goods taken into stock will fall
due one month after the date of delivery to the Company warehouse if any form of
protracted warehousing is required by the Customer.
c) No dispute as to the quality or performance of the goods or the services shall
entitle the Customer to delay payment unless the Company shall agree liability thereon
in an agreed sum shall have been found liable by a Court of competent jurisdiction.
d) This sale / supply shall be regarded at all times as a specific contract for
the supply of the goods equipment or services referred to herein and the Customer
shall not be entitled to delay payment or to make or seek to make and set-off in
the event of a dispute with the Company relating to any other Contract or Contracts.
a) The Company undertakes to repair or to replace at its opinion free of charge
any goods supplied by it which are shown to the Company’s satisfaction to be defective
by reason of faulty workmanship, material or design.
b) This guarantee is given in lieu of all conditions, warranties or undertakings
expressed or implied by Common Law or Statute which are hereby excluded insofar as
it is reasonable to do so.
a) The Company shall not be liable in contract tort or otherwise for any direct
or indirect costs, damages, expenses or consequential losses relating to damage to
property or injury or loss to any person, firm or company or for any loss of profit
or production arising out of or occasioned by an error in design or manufacture or
any defect in or failure of the goods or services supplied by the Company or occasioned
by reason of any act or omission in its performance of any contract whether of manufacture,
supply, design, repair or otherwise whatsoever.
b) Notwithstanding any provision of these conditions, the Company’s liability for
death or injury resulting from the negligence of the Company or its employees or
agents shall be limited.
c) The Company shall not be held responsible for delays caused by suppliers nominated
by the Company or the Customer.
Cancellation shall only be accepted by the Company on condition that all costs and
expenses and all loss of profits and other loss or damage sustained by the Company
(as to which in the absence of agreement between the parties the certificate of the
auditors of the company shall be conclusive) are reimbursed by the Customer to the
Company forthwith. A 20% restocking charge applies plus delivery/collection charges
except for special orders which will not be restocked and reimbursed.
The Company shall be entitled to appoint one or more sub-contractors to carry out
all or any of its obligations hereunder.
The Company shall be under no liability for delay, loss or damage caused wholly or
in part by act of God. Governmental restrictions, conditions or control or by reason
of any act done or not done pursuant to be a trade dispute whether such dispute involves
the Company’s employees or not or by reason of any other act, matter or thing beyond
the reasonable control of the Company.
11.LAW AND JURISDICTION
The contract shall be governed by and construed in all aspects in accordance with
the laws of England and all disputes shall be subject only to the jurisdiction of
the English Courts.