City Heating is a trading website owned by City UK Services Ltd. Company registered in England and Wales Company number 6257836 By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site. City UK Services ltd reserves the right, at any time, to modify, alter, or update these terms of use, and you agree to be bound by such modifications, alterations, or updates on subsequent visits 1. Interpretation In these Conditions : "CUSTOMER" means the person who accepts a quotation of the Supplier for the sale and/or supply of the Products and whose order for the Products is accepted by the Supplier. "CONDITIONS" means the standard terms and conditions of sale and service set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Supplier. "CONTRACT" means the contract for the purchase and sale of the Products. "GOODS" means the goods (including any instalment or any part for them) which the Supplier is to supply in accordance with these Conditions. "PRODUCTS" means the Goods (including any instalment of the goods or any parts for them) and/or the Services which the Supplier has agreed to supply in accordance with these Conditions. "SERVICES" means the services to be provided by the Supplier for the Customer in accordance with these Conditions. "SUPPLIER" means City UK Services ltd 11 Wellfield Road Hall Green Birmingham B28 9ND, trading website www.cityheating.co.uk. "WRITING" includes facsimile transmission, E-Mail and comparable means of communication. 1.3 Any reference in these Conditions to any provision of a Statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation. 2. Basis of the Sale and/or Supply of the Products 2.1 The Supplier shall sell and the Customer shall purchase the Products in accordance with any written quotation of the Supplier which is accepted by the Customer, or any written order of the Customer which is accepted by the Supplier, subject in either case to these Conditions, which shall govern the Contract to the exclusion of all other terms and conditions, express or implied, by Statute or otherwise, subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Customer. 2.2 No variation to these Conditions shall be binding unless in Writing and signed by a Director of the Supplier. 2.3 The Supplier's employees or agents are not authorised to make any representations concerning the Products unless confirmed by a Director of the Supplier in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed in Writing. 2.4 Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Products which is not confirmed in Writing and signed by a Director of the Supplier is followed or acted upon entirely at the Customer's own risk, and accordingly, the Supplier shall not be liable for any such advice or recommendation which is not so confirmed. 2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier. 3. Orders and Specifications 3.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed as accepted by the Supplier's authorised representative. 3.2 The Customer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Supplier any necessary information relating to the Products within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. 3.3 The quantity, quality and description of, and any specification for, the Products shall be those set out in the Supplier's quotation (if accepted by the Customer) or the Customer's order (if accepted by the Supplier). 3.4 If the Goods are to be manufactured or any process is to be applied to the Products by the Supplier in accordance with a specification submitted by the Customer, the Customer shall fully indemnify the Supplier against all losses, damages, costs and expenses awarded against or incurred by the Supplier in connection with, or paid or agreed to be paid by the Supplier in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person as a result of the Supplier manufacturing, or applying such process to, the Goods in accordance with the specification supplied by the Customer. 3.5 The Supplier reserves the right to make any changes to the specification of the Products which are required in order to conform with any applicable safety or other statutory requirements or, where the Products are to be supplied to the Supplier's specification, which do not materially affect their quality or performance. No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in Writing of the Supplier and on terms that the Customer shall indemnify the Supplier in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred. 4. Price of the Products 4.1 The price of the Products shall be the Supplier's quoted price or, where no price has been quoted, the Supplier's list price at the time of the quotation. 4.2 The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Products to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, increase in the costs of labour, materials or other costs of manufacture, any change in delivery dates, quantities or specifications for the Products which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions. 4.3 Except as otherwise stated under the terms of any quotation or in any price list of the Supplier, and unless otherwise agreed in Writing between the Customer and the Supplier, all prices are given by the Supplier on an ex-works basis, and where the Supplier agrees to deliver the Products otherwise than at the Supplier's premises, the Customer shall be liable to pay the Supplier's charges for transport, packaging and insurance. 4.4 The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Supplier. 4.5 The cost of pallets and returnable containers will be charged to the Customer in addition to the price of the Products, but full credit will be given to the Customer provided that they are returned undamaged to the Supplier before the due payments date. 5. Terms of Payment 5.1 Subject to any special terms agreed between the Customer and the Supplier, the Supplier shall be entitled to invoice the Customer for the price of the Products on or at any time after delivery of the Products, unless the Products are to be collected by the Customer or the Customer wrongfully fails to take delivery of the Products, in which event the Supplier shall be entitled to invoice the Customer for the price at any time after the Supplier has notified the Customer that the Products are ready for collection or (as the case may be) the Supplier has tendered delivery of the Products. 5.2 The Customer shall pay the price of the Products within 30 days of the date of the Supplier's invoice, notwithstanding that delivery may not have taken place and the property in the Products has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request. 5.3 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to: 5.3.1 cancel the contract and/or suspend any further deliveries to the Customer; and/or 5.3.2 appropriate any payment made by the Customer to such of the Products (or the Products supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and/or
6. Delivery 6.1 Delivery of the Products shall be made by the Customer collecting the Products at the Supplier's premises at any time after the Supplier has notified the Customer that the Products are ready for collection or, if some other place for delivery is agreed by the Supplier, by the Supplier delivering the Products to that place. The delivery of goods to you is deemed to be a separate contract for services, distinct from your contract to purchase the goods. Delivery may be affected in one or more instalments. Changes to the delivery address made by the purchaser after the goods have been handed to the delivery company will incur an additional charge of £30.00. If an item on a delivery is damaged, make a note of the damaged item on the delivery paperwork and email mailto:customerservices@cityheating.co.uk. with the details. Do not refuse the delivery unless every item is damaged. If you refuse a delivery with any undamaged items on it you will be charged for the return and the redelivery of those items. For large pallet deliveries please be aware that the costs will be considerably higher than the fee you are charged for delivery. The delivery drivers are not insured to take their vehicles on roads other than public highways. If you live in a remote location and your home is not on a public road, e.g. if you live at the end of a farm track, then the driver will deliver the goods to the end of the public road only. You accept this when placing your order and if you refuse the delivery because of the driver cannot drop at your door then you will be charged the actual delivery costs and collection fees. (This will apply to large, bulky item orders arriving on pallets . Smaller parcels can be usually delivered on foot by the driver.) 6.2 Delivery dates are approximate and no liability whatsoever is accepted in respect of late deliveries. Any dates quoted for delivery of the Products are approximate only and the Supplier shall not be liable for any delay in delivery of the Products howsoever caused. Time for delivery shall not be of the essence. The Products may be delivered by the Supplier in advance of the quoted delivery date upon giving reasonable notice to the Customer. Do not arrange for a plumber or electrician other trades man to install the items until after they have been delivered and checked for damage. If for any reason expected delivery will exceed 30 days from the date of receipt of order the customer will be informed and given the opportunity to cancel the order .In certain circumstances where large bulky items are being ordered for delivery to very remote locations (such as Scottish Islands) there may be an additional carriage charge. If your order falls into this category then you will be notified of the extra cost and given the option of accepting the extra charge or cancelling your order. The drivers may be prepared to assist with moving the items into the property but this is entirely at their discretion, they are not obliged to do this. The delivery will be made by a single driver, so if the items you have ordered are heavy please ensure that an able bodied person is available to assist the driver with the carrying. For Health and Safety reasons the driver cannot carry heavy items on his own. Without prejudice to the statutory rights afforded to consumers under English law, City UK Services ltd accepts no liability for any failure to ship products where this results from its inability to do so resulting from acts of god, civil commotion, riots, flood, draught, fire, legislation or other factors outside it's control, or its decision on reasonable grounds not to do so for reasons of suspicion of credit card fraud or similar, provided that it takes all reasonable steps to notify you within fourteen (14) days of order placement that products will not be shipped as ordered. In such cases City UK Services Ltd will not process any payment or will immediately refund any payment made, in full. It is your responsibility to ensure that you order from City UK Services Ltd with sufficient lead time to prevent any loss or disappointment resulting from such non-shipment. 6.3 Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Supplier to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. If the Supplier fails to deliver the Products, or any part thereof, for any reason other than any cause beyond the Supplier's reasonable control or the Customer's fault, and the Supplier is accordingly liable to the Customer, the Supplier's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar Products to replace those not delivered over the price of the Products. If the Supplier fails to deliver any part of the Products for any reason other than any cause beyond the Supplier's reasonable control or the Customer's fault, the Customer shall still be liable to pay for the Products delivered on a pro rata basis. If the Customer fails to take delivery of the Products or fails to give the Supplier adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to the Supplier, the Supplier may: 6.6.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or 6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract. 7. Risk and Property 7.1 Risk of damage to, or loss of, the Goods shall pass to the Customer: 7.1.1 in the case of Goods to be delivered at the Supplier's premises, at the time when the Supplier notifies the Customer that the Goods are available for collection; or 7.1.2 in the case of Goods to be delivered otherwise than at the Supplier's premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, at the time when the Supplier has tendered delivery of the Goods. 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of both the Products and all other goods and services agreed to be supplied by the Supplier to the Customer for which payment is then due. 7.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Supplier's fiduciary agent and baillee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Supplier's property. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Supplier for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. 7.4 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Supplier shall be entitled at any time to require the Customer to deliver up the Goods to the Supplier and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. 7.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Supplier, but if the Customer does so all monies owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable. 8. Warranties and Liability Where the Products are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), the statutory rights of the Customer are not affected by these Conditions. Subject to the provisions set out below, the Supplier warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of twelve months from delivery in respect of new Goods and one month in respect of second-hand Goods. Subject to the provisions set out below, the Supplier warrants that the Services will be provided using reasonable care and skill. The above warranties are given by the Supplier subject to the following conditions: The Supplier shall be under no liability in respect of any defect in the Products arising from any drawing, design or specification supplied by the Customer; The Supplier shall be under no liability in respect or any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Supplier's or the manufacturer's instructions (whether oral or in writing) or misuse, alteration or repair of the Products without the Supplier's prior written approval; and The Supplier shall be under no liability under the above warranties (or any other warranty, condition or guarantee) if the total price for the Products has not been paid by the due date for payment. The Supplier shall be under no liability in respect of of manufacturer of the supplied goods went into administartion 8.5 The warranty set out in clause 8.2 above does not extend to parts, materials or equipment not manufactured by the Supplier, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer. 8.6 Subject as expressly provided in these Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 8.7 Any claim by the Customer which is based on any defect in the quality or condition of the Products or their failure to correspond with their specification shall (whether or not delivery is refused by the Customer) be notified to the Supplier in Writing within seven days from the date of delivery or, where the defect or failure was not apparent on reasonable inspection, within seven days of the discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Supplier accordingly, the Customer shall not be entitled to reject the Products and the Supplier shall have no liability for such defect or failure and the Customer shall be bound to pay the price as if the Products had been delivered in accordance with the Contract. 8.8 Where any valid claim in respect of any of the Products which is based on any defect in the quality or condition of the Products or their failure to meet their specification is notified to the Supplier in accordance with these Conditions, the Supplier shall be entitled to replace the Products (or a part thereof) free of charge or, at the Supplier's sole discretion, refund to the Customer the price of the Products (or a proportionate part of the price), but the Supplier shall have no further liability to the Customer. Except in respect of death or personal injury caused by the Supplier's negligence, or liability for defective products under the Consumer Protection Act 1987, the Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the Products (including any delay in supplying or any failure to supply the Products in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the Products, except as expressly provided in these Conditions. The Supplier shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations in relation to the Products, if the delay or failure was due to any cause beyond the Supplier's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Supplier's reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority or other body or organisation; Import or export regulations or embargoes; Strikes, lock-outs or other industrial actions or trade disputes (whether involving Employees of the Supplier or of a third party); Difficulties in obtaining raw materials, labour, fuel, parts or machinery; Power failure or breakdown in machinery. 9. Insolvency of Customer 9.1 This clause applies if: 9.1.1 the Customer makes a voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or 9.1.2 an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the Customer; or 9.1.3 the Customer ceases, or threatens to cease, to carry on business; or 9.1.4 the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly. 9.2 If this clause applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Products have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. 10. Export Terms 10.1 In these Conditions "Incoterms" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail. 10.2 Where the Products are supplied for export from the United Kingdom, the provisions of this clause 10 shall (subject to any special terms agreed in writing between the Customer and the Supplier) apply notwithstanding any other provision of these Conditions. 10.3 The Customer shall be responsible for complying with any legislation or regulations governing the importation of the Products into the country of destination and for the payment of any duties thereon . 10.4 Unless otherwise agreed in Writing between the Customer and the Supplier, the Products shall be delivered fob the air or sea port of shipment and the Supplier shall be under no obligation to give notice under section 32(3) of the Sale of Products Act 1979. 10.5 The Customer shall be responsible for arranging for testing and inspection of the Products at the Supplier's premises before shipment. The Supplier shall have no liability for any claim in respect of any defect in the Products which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit. 10.6 Payment of all amounts due to the Supplier shall be made by irrevocable letter of credit opened by the Customer in favour of the Supplier and confirmed by a bank in the United Kingdom acceptable to the Supplier or, if the Supplier has agreed in Writing on or before acceptance of the Customer's order to waiver this requirement, by acceptance by the Customer and delivery to the Supplier of a bill of exchange drawn on the Customer payable 60 days after sight to the order of the Supplier at such branch of AIB (GB) Bank in England as may be specified in the bill of exchange. 11. General 11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing and addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 11.3 No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. The Supplier reserves the right to amend these Conditions and/or the Contract at any time. 11.6.1 The Supplier will take all reasonable precautions to keep the details of the Contract and payment therefore secure, but, unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by the Customer. 11.6.2 The Supplier would like to notify the Customer of products and offers that may be of interest to it from time to time. If the Customer does not want to be notified of such products and offers please notify the Supplier in writing or email at office@cityheating.co.uk 11.6.3 The Customer can correct any information about it or ask for information about it to be deleted by e-mailing the Supplier on unsubscribe@cityheating.co.uk 11.7 The Contract shall be governed by the laws of England and the parties hereto submit to the irrevocable jurisdiction of the English Law Courts. Set out below are City UK Services ltd Terms and Conditions for the sale of goods. Please read them carefully. An offer from you to buy goods from City UK Services ltd is conclusive evidence of your acceptance of the Terms and Conditions set out below.
1. The Contract between us 1.1 Each order for goods submitted by you will be treated as an offer to buy them subject to these Terms and Conditions. 1.2 We must receive payment of the whole of the price for the goods that you offer to buy before your offer can be accepted. Once payment has been received by us we will confirm that your offer has been accepted by sending an e-mail to you at the e-mail address you provided in your order form. Our acceptance of your offer brings into existence a legally binding contract between us which is subject to these Terms and Conditions. 2. Price 2.1 The prices payable for the goods that you order are as set out in our website. 2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website. 2.3 We reserve the right to amend a mistake in pricing. 3. Right for you to cancel your contract 3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. 3.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software or other electric appliances out of the sealed package in which it was delivered to you. 3.3 To cancel your contract you must notify us in writing. 3.4 If you have received the goods before you cancel your contract then unless under clause 3.2 you do not have the right to cancel you must send the goods back to our contact address at your own risk and cost. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own risk and cost a soon as possible. 3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. 4. Non-acceptance of order or cancellation by us 4.1 We reserve the right not to accept your offer to buy or to cancel the contract between us if: 4.1.1 we have insufficient stock to deliver the goods you have ordered; 4.1.2 we do not deliver to your area; or 4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. 4.2 If we do not accept your offer to buy or we cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered. 5. Delivery of goods to you 5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. 5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. 5.3 If delivery cannot be made within 30 days of your order we will contact you to discuss alternative arrangements. You may cancel the contract if delivery is not made within 30 days of your order. 5.4 You will become the owner of the goods you have ordered when they have been delivered to the address nominated by you. Once goods have been delivered to that address they will be held at your own risk and we will not be liable for their loss or destruction. 6. Liability 6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question. 6.2 If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option: 6.2.1 to make good any shortage or non-delivery; 6.2.2 to replace or repair any goods that are damaged or defective; or 6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. 6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above. 6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. 6.5 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any right you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 7. Notice Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at 11 Wellfield Road Hall Green Birmingham B28 9ND and all notices from us to you will be displayed on our website from time to time. 8. Events beyond our control We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. 9. Invalidity If any part of these Terms and Conditions in unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected. 10. Privacy You acknowledge and agree to be bound by the terms of our Privacy Policy. 11. Third Party Rights Except for our affiliates, directors, employees or representatives, a person who is not a party to the contract between us has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract between us but this does not affect any right or remedy of a third party that exists or is available apart from that Act. 12. Governing Law The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us. 13. Entire Agreement These Terms and Conditions, together with our current website prices, delivery details, contact details and Privacy Policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. Copyright © 2007 City UK Services ltd. All rights reserved. Disclaimers and Limitations on CITY UK SERVICES LTD Liability WITHOUT PREJUDICE TO STATUTORY RIGHTS AFFORDED TO PURCHASERS OF PRODUCTS,THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUTLIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY, AND IN PARTICULAR, CITY HEATING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT USE OF THE SITE IS FREE OF RISK OF VIRUSES OR OTHER DAMAGE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. PRODUCTS PURCHASED FROM CITY HEATING AND RELATED SERVICES, WHICH ARE PROVIDED BY CITY UK SERVICES LTD, ARE WARRANTED IN ACCORDANCE WITH LAW, AND NOTHING HEREIN IS TO BE TAKEN TO EXCLUDE OR RESTRICT ANY RIGHTS, WHICH APPLICABLE LAW GRANTS TO CONSUMERS IN RESPECT OF SUCH PRODUCTS OR SERVICES. INDIVIDUAL PRODUCTS MAY BE THE SUBJECT OF ADDITIONAL WARRANTIES OR GUARANTEES GIVEN BY THEIR MANUFACTURERS DIRECTLY. SUCH WARRANTIES ETC. ARE NOT ENFORCEABLE AGAINST CITY UK SERVICES LTD, BUT ONLY AGAINST THE PERSON GIVING THEM. CITY UK SERVICES LTD ARE RETAILERS AND NOT TECHNICAL EXPERTS IN THE FIELD OF HEATING, PLUMBING OR BATHROOM INSTALLATION. ALL CITY UK SERVICES LTD STAFF ARE INSTRUCTED NOT TO GIVE ANY FORM OF TECHNICAL ADVICE. IF YOU HAVE A TECHNICAL QUERY IT SHOULD BE DIRECTED TO A SUITABLY QUALIFIED PROFESSIONAL, I.E. A REGISTERED ELECTRICIAN A CORGI REGISTERED GAS INSTALLER OR A MEMBER OF THE INSTITUTE OF PLUMBING. YOU AGREE THAT ANY ADVICE GIVEN BY A MEMBER OF CITY UK SERVICES LTD WILL NOT BE RELIED UPON WITHOUT VERIFICATION WITH A SUITABLY QUALIFIED PROFESSIONAL. CITY UK SERVICES LTD ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR RELIANCE ON ANY SUCH ADVICE. EXCEPT AS PROVIDED ABOVE THERE ARE NO OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND ALL SUCH TERMS ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. CITY UK SERVICES LTD ACCEPTS LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS IF IT ARISES FROM THE NEGLIGENCE OF CITY UK SERVICES LTD, OR OF ITS SERVANTS AND AGENTS, UP TO A LIMIT, IN RELATION TO ANY ONE EVENT OR SERIES OF EVENTS ARISING FROM A COMMON CAUSE, OF TWO THOUSAND POUNDS (£2,000). Returns Policy - You must email office@cityheating.co.uk and request a returns number so that we know to expect your return. You agree that if you send a return to us without a returns form and returns number you will pay a £20 administration fee to cover the extra work involved in processing your return. Returns Policy It is your responsibility to ensure that returned goods reach us in good condition. They should be well packed and sent to: CITY UK SERVICES LTD - Returns Inspection Department Access Storage, Unit G16 Lawden Road, Bordesley, Birmingham B10 0AD We recommend www.parcel2go.com. Just click to start the process of arranging your return For large pallet deliveries please be aware that the costs to send them back will be considerably higher than the standard £24.99 you are charged for delivery. We suggest that you take out carrier insurance because if the goods do not arrive in re-saleable condition no refund will be made. PLEASE NOTE THAT IF YOU WRITE OUR ADDRESS ALL OVER THE PRODUCT PACKAGING THEN THE PRODUCT IS NO LONGER IN RESALEABLE CONDITION AND YOU WILL NOT BE REFUNDED. To obtain a returns number please email: office@cityheating.co.uk. The Consumer Protection (Distance Selling) Regulations 2000 / Returns Since 31 October 2000 UK consumers now have the right to cancel their order within a "cooling off period" which lasts 7 days from the day after taking delivery. Cancellation must either be in the form of facsimile, email or letter and sent to our address as listed on the contact page of this site. If you cancel your order under these provisions then you will be responsible for returning the goods to us in good condition or alternatively you will be responsible for our costs in recovering the goods. You must make sure the goods remain undamaged and unused. The delivery of the goods to you is a separate contract for services and is not covered by the cooling off period; therefore any refund made will not include the costs of delivery of the goods to you. External Sites This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "external sites"). CITY UK SERVICES LTD. is not responsible for the availability of, or the content located on or through, any external site, nor for any transactions between you and such sites (including as to 'cookies', personal data, confidential information, or purchases of goods or services). You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links, content or transactions. Publication of Comments Online You agree that we can publish any comments that you send to us concerning the quality of our service or products on our website. We may use your name and town of residence, but we will not publish your email address, telephone number, website address or street address. We aim to exceed our customer expectations as often as possible, however there may be rare occasions when a customer feels that they have not been treated fairly. If this is the case you agree that before posting any negative comments on any website, newsgroup, blog or other online resource you agree to write to the customer services manager explaining the problem and allow her 14 days to investigate and resolve the problem and/or respond in writing. If you are still unsatisfied then you agree to include the customer services reply in any online publication you make, to provide any readers with a balanced view. Needless to say publication of negative material that is untrue will result in an action for libel against the publisher. Copyright All rights in the site design, text, graphics and other content, interfaces, and the selection and arrangements thereof belong to CITY HEATING or its licensors. All rights are reserved save as set out below. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with CITY HEATING or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited. |