Terms and Conditions
The Customer’s attention is particularly drawn to the provisions of clause 9 (Limitation of liability).
- Basis of contract
1.1 A quotation constitutes an invitation being provided by the Supplier (us) to the Customer (you) for Goods and/or Services.
1.2 The Order constitutes an offer by the Customer (you) to purchase Goods and/or Services in accordance with these Conditions.
1.3 The Order will be deemed to be accepted when the Supplier (us) issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
1.4 These Conditions alongside the Order shall form the Contract. The Contract will not include any terms which you attempt to include.
1.5 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 28 days from its date of issue. Where the Supplier is unable to provide the Services or deliver the Goods within 90 days of the Commencement Date as a result of the Customer’s failure to make any required payment, provide any required information or cooperation, to allow for required access or allow the Supplier to deliver the Goods, then Supplier may end the Contract.
1.6 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
1.7 The Supplier reserves the right to reject an Order made by the Customer. Where this is the case the Supplier shall notify the Customer in writing. This may be because a product is out of stock, because a credit reference is unsatisfactory or because of your location. If any money has been paid towards a rejected Order we shall refund this as soon as possible.
1.8 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.
- Goods
2.1 The Goods are described in the Order or any applicable Goods Specification. The Goods may also be described on the Supplier’s website where an Order is made through the website.
2.2 The Supplier may amend the descriptions of the Goods where required to do so by law, and the Supplier shall notify the Customer in any such event.
- Delivery and Installation of Goods
3.1 The Supplier shall;
3.1.1 deliver the Goods to the location set out in the Order (Delivery Location); and.
3.1.2 (where applicable) install the Goods at the Delivery Location,
at the time stipulated by the Supplier in writing upon acceptance of the Order.
3.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
3.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.4 The Customer shall provide access for delivery, installation or to provide the services as agreed with the Supplier. Where necessary the Supplier’s engineer may need to isolate water, gas and electrical service whilst providing the Services and they will inform you of this as required. The Supplier may request the Customer carry out preparatory work prior to an installation and will inform the Customer of this beforehand.
This may include the need for the removal of carpeting or other flooring, cupboards or equivalent items, garden decking or patio stones, and plants or shrubs. Where there are items, which we believe will need to be removed for the Services to be carried out we will give you as much notice of this as possible. It will be the Customer’s sole responsibility to remove all required items before the installation. Where these are not removed and you request an engineer to remove the items we may charge you the additional sums incurred as a result of this. As well as this, we will have no liability for any damage caused to these items where we are required to remove the items, except where an engineer is negligent in causing damage. It will remain the Customer’s sole liability to ensure all removed items are re-fitted following the Services.
3.5 The Supplier reserves the right to charge the Customer additional sums where the Customer does not comply with clause 3.4. For example, additional charges may relate to the need to re-deliver on an alternative date or for the rescheduling of the installation services.
For the avoidance of doubt, where we have agreed an installation date and upon arriving at the premises you refuse entry to our engineer or you are not in to allow entry to the premises, we will have the right to charge you for the additional sums incurred as a result of having to reschedule the engineer for a further installation date. This will include where there are third parties involved who delay access to works, where you are aware of delays or that you will be unable to provide access you should notify us of this beforehand.
3.6 The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.7 If the Customer fails to accept delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier’s failure to comply with its obligations under the Contract in respect of the Goods:
3.7.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and
3.7.2 the Supplier shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
3.8 If one of the our engineers attending site for installation becomes aware upon further inspection of the existing boiler/ system or premises that the installation will not be possible, they will inform you of this on the day. We reserve the right to not carry out the installation where we believe it is not possible. We may notify you of the reason that it is not possible and will agree to rearrange the date of installation once the issue has been resolved. Where this is an issue that we can resolve we will inform you of this as well as any additional cost associated with this work. You will be free to accept the additional quote from us or to source this from a third party. Where following a determination by an engineer that it is not possible you may cancel your order. We will refund any sums paid for services not provided and for Goods not delivered in accordance with the terms of this Agreement.
- Quality of Goods
4.1 Where set out in the Order, the Supplier (by agreement with the manufacturer of the Goods) may offer a warranty that on delivery, and for a period of time set out in the Order from the date of delivery (Warranty Period) the Goods shall:
4.1.1 conform with their description and any applicable Goods Specification;
4.1.2 be free from material defects in design, material and workmanship; and
4.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
4.2 The warranty given in clause 4.1 is based upon the terms agreed with the manufacturer and will vary depending upon the specific manufacture and the model or version of the Goods. As part of the agreement with the manufacturer the manufacturer has a number of requirements for a warranty to remain valid. To ensure that you can rely upon the warranty it is important that you comply with the terms of this clause 4 as well as the reasonable instructions and requests of the Supplier (and/or the manufacturer).
4.3 Subject to clause 4.4, if:
4.3.1 the Customer gives notice in writing to the Supplier during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1; and
4.3.2 the Supplier (or the manufacturer) is given a reasonable opportunity of examining such Goods,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
4.4 If the Customer has given notice in writing to the Supplier that some or all of the Goods do not comply with the warranty you must allow the Supplier (or the manufacturer) to inspect the Goods. The Supplier or manufacturer will require access to the Goods (and as a result to your property) to inspect the Goods. If you do not allow for this access or for inspection of the Goods neither the Supplier nor the manufacturer will be liable for any lack of compliance with the warranty.
4.5 The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause 4.1 if:
4.5.1 the Customer makes any further use of such Goods after giving a notice in accordance with clause 4.2;
4.5.2 the defect arises because the Customer failed to follow the Supplier’s (or manufacturer’s) oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods;
For example, all boiler’s will be expected to have been serviced at least once per twelve (12) month period.
4.5.3 the Customer alters or repairs such Goods without the written consent of the Supplier;
4.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
4.5.5 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
4.6 Except as provided in this clause 4, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 4.1.
4.7 The Supplier will be responsible for the registration of certain Goods with the manufacturer as part of the warranty. The Goods the Supplier will be responsible for registering will include boilers and air conditioning units. The Customer will be responsible for all other parts and equipment provided and if there are any issues or faults arising with these then this will be between the Customer and the manufacturer.
4.8 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
- Title and risk
5.1 The risk in the Goods shall pass to the Customer on completion of delivery. This means that where we have delivered the Goods to you, you will be responsible for insuring the Goods from this point.
5.2 Title (which means the legal ownership) to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due.
5.3 At any time before title to the Goods passes to the Customer, the Supplier may require the Customer to deliver up all Goods in its possession, and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
- Supply of Services
6.1 The Supplier shall supply the Services to the Customer in accordance with the Order or Service Specification in all material respects.
6.2 The Supplier shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
6.3 The Supplier reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
6.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill. The engineers used will be fully qualified, gas safe registered and shall carry identity cards. If the Customer has any issues with the quality of the engineer they should notify us and we will handle this in accordance with our complaints procedure.
- Customer’s obligations
7.1 The Customer shall:
7.1.1 ensure that the terms of the Order and any information it provides in the Service Specification and the Goods Specification are complete and accurate;
7.1.2 ensure there is suitable parking and access for the duration of the Services and, where applicable, the Customer’s shall arrange any parking permits that are required.
7.1.3 co-operate with the Supplier in all matters relating to the Services;
7.1.4 provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises as reasonably required by the Supplier to provide the Services or to install the Goods;
7.1.5 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
7.1.6 prepare the Customer’s premises for the supply of the Services;
For example, if your premises has any dangerous waste or materials (such as asbestos) you will need to arrange before the date of installation for the removal of these materials. We may be able to remove the dangerous materials but this would include an additional quote. In respect of any asbestos, you will need to arrange for this to be removed by a specialist and will be required to supply a “clean air” certificate before we will carry out the installation.
In respect of non-dangerous materials (such as old boilers and central heating parts) the removal of these will be covered by the quote in the Order.
7.1.7 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
For example if you are in a listed building, or you are a tenant, you will need to ensure that you have all required permission from your landlord or the council (or the other appropriate body) and you must provide evidence of this permission. We will not be able to start any work if you do not have the required permission or if you cannot provide us with satisfactory evidence of this. There may be criminal charges associated with carrying out works in these instances.
7.1.8 comply with all applicable laws, including health and safety laws;
7.1.9 comply with any additional obligations as set out in the Service Specification and the Goods Specification.
7.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
7.2.1 without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
7.2.2 the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 7.2; and
7.2.3 the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
- Charges and payment
8.1 The price for Goods shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier’s published price list as at the date of the order; and
8.2 The costs and charges of packaging, insurance, transport of the Goods, which shall be invoiced to the Customer, shall also be set out on the Order.
8.3 The charges for Services shall be set out on the Order.
8.4 In respect of Goods and Services, the Supplier shall invoice the Customer on or at any time after the Order has been made.
8.5 The Customer shall make an initial payment of 50% of the charges on the date of the Order and the remainder of the Supplier’s invoice shall be payable on the earlier of:
8.5.1 the date of completion of delivery; or
8.5.2 14 days of the date of the invoice (or in accordance with any other credit terms agreed by the Supplier and confirmed in writing to the Customer).
8.6 The Customer shall pay each invoice submitted by the Supplier in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract. The Supplier will also accept payment by credit or debit card, or cash.
8.7 The Customer may withhold a maximum of 10% of the charges in the event that there are any required additional, repair or remedial works following the installation. This remainder shall be payable on the date on which the remedial or repair work is completed. The balance, excluding this withheld amount, shall remain due and payable in accordance with this clause.
8.8 All amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable from time to time (VAT).
8.9 If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.9 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
8.10 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- Limitation of liability:
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Our Liability to Consumers
9.1 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
9.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
For example, this may include any subsequent damage caused to you existing system that develops as a result of the installation. This will be an unexpected liability.
9.1.2 Caused by a delaying event outside our control. As long as we have taken the steps to mitigate these delays.
9.1.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to the Goods, which you could have avoided by following our advice or by correctly following the manufacturer’s guide (if applicable).
For example, where we are installing a new system we will usually recommend a “chemical cleanse” alongside the installation which will seek to remove sludge and/or other waste. It may be that we recommend that your system is “MagnaCleansed” or “power flushed” which are forms of deeper clean. We will not be responsible for any issues that arise in a circumstance where we recommend these actions are taken and you do not carry out these actions. In addition we may identify matters or faults outside of the scope of the Services which you should have corrected. Where these cause alternative issues or problems return as a result of this we will have no liability to you for these alternative issues or problems. This is as they will be unrelated to our Services.
9.1.4 A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as set out below. This includes that we will not be responsible for any loss of earnings or time away from work.
9.2 We will not be liable to you for:
9.2.1 any required redecoration of surrounding areas where the installation is being carried out. This would include where we have been required to create access for any pipework as part of the installation and this causes minor damage to paintwork or finishing; or
9.2.2 boxing in any pipework following the installation, unless this is included in the Order. Should you require boxing in of pipework please let us know and we will arrange for a separate quote for this work; or
9.2.3 any defects in the performance resulting from your existing system or any issues which arise with your existing system following installation. For example where your existing systems of pipework develop a leak following installation and this is issue is as a result of the pre-existing system we will not be responsible for any replacement or repair works required in relation to the existing system; or
9.2.4 any discrepancies with the colouration or design of any brickwork which is altered or “blown out” as a result of the installation, or where we are making good any old flue holes. We will endeavour to use brickwork which is of a similar colour to the brickwork at your premises however this will not always be possible. Our default brick colouring will be red or yellow. If you require identically coloured brickwork you will need to supply this to us however we will have no responsibility for any defects with these bricks.
Our liability to businesses
9.3 If you are a business, then, except in respect of losses set out in clause 9.6:
9.3.1 We shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
9.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Cap.
9.4 In clause 9.3.2:
9.4.1 Cap. The cap shall mean one hundred per cent (100%) of the total charges.
9.4.2 Total charges. Total charges shall mean all sums paid by the Customer and all sums payable under the Contract in respect of goods and services actually supplied by the Supplier, whether or not invoiced to the Customer.
Our Liability to both consumers and business users
9.5 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
9.6 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
9.6.1 death or personal injury caused by negligence;
9.6.2 fraud or fraudulent misrepresentation;
9.6.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
9.6.4 defective products under the Consumer Protection Act 1987; and
9.6.5 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
9.7 This clause 9 shall survive termination of the Contract.
- Termination and Cancellation
10.1 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
10.1.1 the Customer commits a breach of its obligations under the Contract (for example failure to make payment of the charges when they fall due) and (if such breach is remediable) fails to remedy that breach within 7 days after receipt of notice in writing to do so; or
10.1.2 the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.
10.2 Where our engineer determines that we will be unable to provide the Services, as set out in clause 3.8 then either party may terminate this agreement by giving written notice to the other party of this intention.
10.3 Where the Customer does not comply with clause 3.5 on three (3) occasions the Supplier will be entitled to terminate this Agreement. The Supplier will arrange for a refund of any fees paid prior to the termination and will reserve the right to deduct the additional sums incurred as a result of the Customer’s failure to comply with clause 3.5.
10.4 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and the Supplier if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 10.1.2, or the Supplier reasonably believes that the Customer is about to become subject to any of them.
WHERE YOU ARE A CONSUMER ONLY
10.5 Where you are a consumer you will have a legal right to change your mind (cooling off period). This will apply where you are buying products online and over the phone.
10.6 You will have 14 days to change your mind from:
10.6.1 in the case of Goods, from the date on which we deliver your product; or
10.6.2 in the case of Services, from the date on which we have accepted the Order.
10.7 You can not change your mind about an order for:
10.7.1 Services, once these have been completed;
10.7.2 Goods that are made to your specifications or that are clearly personalised; or
10.7.3 Goods that become mixed inseparably with other items after their delivery.
10.8 Where you would like for the installation of Goods to be carried out within the 14 day cancellation period, we may agree to a date within this cooling-off period if you agree to waive your right to cancel in respect of any Goods including in the installation.
For example, where we have installed a boiler at your premises during the cooling-off period and you have waived your right you will not be entitled to exercise your right to cancellation for either the Goods or the Services provided. If you do not waive this cancellation right we will not install the boiler until after this 14 day period has elapsed.
10.9 If you change your mind you can get in contact with us through our telephone number, by email or by our contact form found on our website.
10.10 Where you purchase Goods and wish to exercise your cancellation right you will have to return it to us within 14 days of your telling us you have changed your minds. Returns are at your own costs.
10.11 Where you handle Goods in a way which would not be acceptable, we reserve the right to reduce your entitlement to a refund in order to compensate us for its reduced value.
- Consequences of termination
11.1 On termination of the Contract:
11.1.1 the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
11.1.2 the Customer shall return all of the Supplier Materials and any Deliverables or Goods which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
11.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
11.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
- Force majeure
Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate the Contract by giving 14 days’ written notice to the affected party.
- General
13.1 Assignment and other dealings
13.1.1 The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
13.1.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
13.2 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 13.2 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.
13.3 Waiver.
13.3.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
13.3.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
13.4 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
13.5 Entire agreement.
13.5.1 The Contract constitutes the entire agreement between the parties.
13.5.2 Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
13.6 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.7 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
13.8 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
13.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
- Interpretation
The following definitions and rules of interpretation apply in these Conditions.
14.1 Definitions:
Business Day, means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Hours, means the period from 9.00 am to 5.00 pm on any Business Day.
Commencement Date, has the meaning given in clause 1.3.
Conditions, means these terms and conditions as amended from time to time in accordance with clause 13.7.
Contract, means the contract between the Supplier and the Customer for the supply of Goods and/or Services set out in the Order and these Conditions.
Customer, means the person or firm who purchases the Goods and/or Services from the Supplier.
Deliverables, means the deliverables set out in the Order produced by the Supplier for the Customer.
Delivery Location, shall be as set out in the Order.
Force Majeure Event, has the meaning given to it in clause 12.
Goods, means the goods (or any part of them) set out in the Order.
Goods Specification, means any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by the Customer and the Supplier. This will likely be incorporated into the Order.
Order, means the Customer’s order for the supply of Goods and/or Services, as set out in the Customer’s purchase order form. This can include the Customer’s confirmation that they would like to go ahead with a quote.
Services, means the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Service Specification.
Service Specification, means the description or specification for the Services provided in writing by the Supplier to the Customer. This will likely be incorporated into the Order.
Supplier, means Diamond Green Energy Limited registered in England and Wales with company number 07512244.
Supplier Materials, has the meaning given in clause 7.1.7.
UK GDPR, has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
Warranty Period, has the meaning given in clause 4.1.
14.2 Interpretation:
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its successors and permitted assigns.
A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes email but not fax.