1. DEFINITION
1.1 All orders are for “goods”, which are the individual products, sold by the Seller, under these terms and conditions.
1.2 The “Seller” is Thermac (Hire) Ltd (Registered in England 01929517), whose head office is at Unit C Astra Park, Parkside Lane, Leeds, LS11 5SZ
1.3 The “Buyer” means the individual or business, whose order for the goods is accepted by the Seller.
2. APPLICATION OF CONDITIONS
2.1 Unless otherwise specifically agreed in writing by Thermac (Hire) Ltd (“Thermac”) all contracts and quotations for the supply of goods by Thermac shall be made upon these conditions of sale. These shall at all times override any terms and conditions that a buyer may impose or seek to impose.
2.2 These terms and conditions are set out below may not be modified or varied, unless for any special legal or regulatory reasons. Any variations in these conditions must be approved, in writing, by a Thermac Director.
2.3 Any quotation or estimate given by Thermac is subject to these conditions.
3. PRICES
3.1 All prices displayed both in Thermac’s printed and online publications are subject to Value Added Tax (unless otherwise stated). Value Added Tax will be charged at the rate applicable at time of purchase.
3.2 Prices are correct at the time of issue and may be subject to change without prior notice.
3.3 The price charged to the buyer will be the prevailing price at the time of order.
3.4 Any quotations made by the seller are valid for 30 days.
4. ORDERS
4.1 Orders can be placed by the Buyer via our online shopping, telephone, fax, email or post.
4.2 Orders can be cancelled but the Buyer must contact us before dispatch. If the goods have already been dispatched, then the Buyer will be liable for any handling charge.
5. DELIVERY
5.1 Delivery of goods will be made upon these conditions.
5.2 Orders are accepted subject to these conditions.
5.3 The delivery dates are given in good faith but are estimates only.
5.4 If we fail to deliver the goods, within a reasonable time, the Buyer can contact us to cancel the order.
5.5 The Buyer must inspect the goods upon delivery. Should the goods be damaged, the Buyer must sign for them as damaged and contact to us within three working days of delivery. Also please contact us within this time frame, if there are any shortages.
5.6 We reserve the right to deliver in instalments, for whatever reason, and any failure to deliver in one instalment shall not entitle the buyer to terminate the contract.
5.7 The quantity of goods supplied will be recorded on Thermac’s delivery note and this shall be conclusive evidence of the quantity received by the buyer, unless the buyer provides conclusive evidence to the contrary.
5.8 If for any reason, and without prior cancellation, the buyer does not accept delivery of any goods supplied by Thermac, or a third party on behalf of Thermac, then the goods will have been deemed to be delivered with risk passing to the buyer. Thermac also reserves the right to charge for any extra costs incurred.
5.9 Hire plant will be deemed to have been delivered to the Hirer in good working condition and to the Hirer’s satisfaction unless Thermac receives notification to the contrary within twenty four hours of delivery.
5.10 It is the Hirer’s responsibility to satisfy himself that the equipment is in a satisfactory and clean working condition and suitable for the purpose for which it is intended.
6. RETENTION OF TITLE
6.1 Upon delivery of the goods, risk passes to the buyer. Legal title, however, in those goods shall not pass to the buyer until Thermac has received cleared funds in full payment for such goods or services, and any other goods and services supplied by Thermac for which payment is also due.
6.2 Until such time as legal title in the goods or services passes to the buyer Thermac may at any time require the buyer, or anyone acting on behalf of the buyer to return the goods, and/or may repossess the goods by entering any premises where the goods are reasonably believed to be stored.
6.3 If the buyer is in breach of the payment terms, or any of its obligations under this contract then, without prejudice, Thermac shall be entitled to:
6.3.1 Cancel the contract
6.3.2 Suspend further deliveries
6.3.3 Terminate any outstanding orders without incurring any liability whatsoever as a result of these actions
7. PAYMENT TERMS
7.1 Unless otherwise agreed in writing by a Director of Thermac, the invoice shall be paid in full by the buyer, within 30 days from the date of invoice.
7.2 In default of these payment terms Thermac shall be entitled without notice to the buyer to:
7.2.1 Terminate any outstanding orders;
7.2.2 Withhold or suspend supplies;
7.2.3 Reduce the buyers’ credit limit;
7.2.4 To collect any goods that may be on hire to you.
7.3 Thermac shall also be entitled to receive payment of all monies outstanding in respect of goods or services supplied, whether these monies would ordinarily be due for payment at that time or not.
7.4 In addition Thermac shall be entitled to charge the buyer interest on the full amount unpaid at 6% above the base rate of Lloyds TSB Plc until payment is received in full.
7.5 The buyer shall also indemnify Thermac in respect of all costs incurred by Thermac in recovering full payment
7.6 No deduction, discount, off –set, counter claim or other such reductions may be made from the due payment without prior written agreement or valid court order.
8. QUALITY
8.1 Should there be any defects in goods supplied by Thermac, then Thermac will, at its own discretion, either
8.1.1 Replace the faulty goods with goods that are of satisfactory quality, or
8.1.2 Issue a credit note to the whole or part value of the faulty goods.
8.2 This condition shall not apply if the conditions of clause 5.5 have not been complied with.
8.3 Thermac shall have no liability under the warranty in this condition:
8.3.1 in respect of any defect arising from actions by the buyer which may include, but is not restricted to, negligence, wilful damage, incorrect storage, or a failure to follow either Thermac’s or manufacturer’s instructions whichever is appropriate; or
8.3.2 If the total price for the goods or service has not been paid by the due date for payment;
8.3.3 If the buyer makes any further use of the goods after giving notice in accordance with this Condition.
8.4 If you are an individual consumer and not a business, your statutory rights are unaffected.
8.5 The Hirer shall be responsible for keeping the plant clean and maintaining it in good condition. The Hirer shall keep the plant safe from damage and shall keep it in their possession throughout the hire. The hirer shall not cause the plant to be used for any purpose beyond its capacity or in a manner likely to result in undue deterioration.
8.6 The Hirer shall not use the equipment if it has become defective, damaged or in a dangerous state. Should breakdown or damage occur to plant which is attributable to failure to observe the damage however occurring, the Hirer shall be liable to Thermac for the following:
8.6.1 The cost of all repairs,
8.6.2 The lost hire charges due to Thermac whilst the plant is idle due to the breakdown or damage and whilst repairs are being carried out,
8.6.3 The cost of cleaning if Plant is returned in a dirty condition,
8.6.4 The Hirer shall be responsible for the changing of pre-filters, where appropriate, to ensure the correct maintenance and performance of the Plant.
8.6.5 The Hirer shall be responsible for the replacement costs of providing new HEPA filters should the filter have been damaged in any way, or the filter needs replacing due to inappropriate use in whatever way.
8.7 Electrical equipment must be connected to the correct electrical supply. Damage caused by connection to an incorrect supply will be charged for in accordance with clause 8.6.
9. LIABILITY
9.1 Liability for any direct, or indirect loss, or damage which arises out of or in conjunction with the Contract shall be limited to the Contract value.
9.2 Thermac shall not be liable to the Buyer for any indirect loss of profit, loss of business or reduction of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract.
9.3 In the case of hires the Hirer shall fully and completely indemnify Thermac for any consequential loss and / or damage, due to, or arising from breakdown or stoppage of the Equipment through any cause whatsoever.
9.4 The Hirer shall be responsible for insuring the Plant against all risks devolving on him either by law or under this agreement.
10. FORCE MAJEURE
10.1 Thermac reserves the right to alter the date of delivery or to cancel the Contract or to reduce the volume of goods ordered by the Buyer if it is prevented from or delayed in the carrying out of its business due to circumstances beyond the reasonable control of Thermac including , without limitation, acts of God , government actions, war or national emergency, acts of terrorism, protests , riot , civil unrest, fire, explosion, flood, epidemic, strikes or other labour disputes, or restraints or delays affecting carriers or delay in obtaining supplies.
11. TERMINATION
11.1 Thermac may, at its discretion, (and without prejudice to any other rights or remedies it may have against the Buyer) immediately suspend the Contract or cancel delivery of goods and/or services without liability to Thermac if;
11.1.1 The Buyer commits a material breach of any of its obligations under the Contract which is incapable of remedy;
11.1.2 the Buyer fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in breaching its obligations under the Contract after having been requested by Thermac in writing to remedy such breaches within a period of 14 days;
11.1.3 The Buyer is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Buyer calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or has an administrator or administrative receiver appointed
11.1.4 The Buyer ceases, or threatens to cease, to carry on business.
12. PRODUCT INFORMATION
12.1 Thermac make every effort to ensure that details and information given in all forms of publications are accurate at the time of issue, but Thermac gives no guarantee as to the accuracy or completeness of such information. Thermac reserves the right to alter details and information at any time as they deem necessary.
12.2 It is the Buyers responsibility to check the details and information that they may wish to rely on. Thermac accepts no liability for any errors or omissions or for any loss or damage or consequential loss arising from reliance upon any of our publications.
12.3 The colour reproductions featured in our publications are as accurate as the reproduction processes allow.
12.4 Thermac undertakes to supply only safety equipment and/or related services that fully comply with the standards and regulations and claims made relating to those products and/or related services. Where appropriate, Thermac will maintain up to date technical files and associated documentation to ensure that regulatory compliance information can be supplied upon request.
12.5 Where products are sourced from external organisations which hold technical files relating to the products being offered, Thermac will request confirmation that these files are current, complete, contain appropriate conformity assessment information and, where relevant, regulatory compliance certificates and will take all necessary steps to confirm the validity of the compliance documentation held by that external supplier in respect of the products being sourced.
Where services are provided related to safety equipment sourced from external organisations, Thermac will maintain approval from the manufacturer that the services provided are assessed and approved by the external organisation.
13. GENERAL
13.1 Any failure or delay by Thermac in enforcing or partially enforcing any provision within the Contract shall not be deemed as a waiver of any of its right of provisions under the Contract;
13.2 Any waiver by Thermac of any breach, or default, of any provision within the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default.
13.3 No part of any Thermac publication may be reproduced or transmitted in any form or by any means without the written permission of Thermac
13.4 All prices are subject to alteration without notice.
13.5 Thermac reserves the right to amend any or all of these Conditions at any time.
13.6 This contract shall be governed by and interpreted in accordance with English Law.
