Just browse our catalogue select items that you wish to purchase and place your order
Delivery Schedule – We make to Order – From next day up to 21 days for delivery
Cancellation charges – 30%
Carriage Charges not included – all prices include 20% VAT
For delivery charges outside UK – request a quote quote@ecolec.co.uk
Bespoke and Special Needs Heaters Available. Please phone 01902 457575 for quote
When delivery is made on pallets, it is up to the customer to unload as the driver is not contracted for this purpose. All deliveries are made to the ground floor.
All specifications can change without notice.
Please consult your local NICEIC electrician.
Connect heaters to a fused spur – Best Practice
Non IP44 Heaters can be fitted with a 13 amp plug.
1. Interpretation
1.1 Defi nitions - In these Conditions the following defi nitions apply: “Conditions” the terms and conditions set out in this document as amended from time to time in accordance with clause 10.6. “Contract” the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions. “Customer” the person or fi rm who purchases the Goods from the Supplier. “Delivery Location” has the meaning given in clause 3.1. “Force Majeure Event” has the meaning given in clause 9. “Goods” the goods (or any part of them) set out in the Order. “Order” the Customers order for the Goods, as set out in the Customer’s purchase order or the Customer’s written acceptance of the Supplier’s quotation, as the case maybe. “Order Acknowledgement” has the meaning given in clause 2.3. “Specifi cation” any specifi cation for the Goods that is requested by the Customer and confi rmed by the Supplier in the Order Acknowledgement. “Supplier” ECOLEC LTD (registered in England and Wales with company number 6035891).
1.2. Construction - In these Conditions the following rules apply:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2 A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3 A reference to a statute or statutory provisions is a reference to such statue or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statue or statutory provision, as amended or re-enacted.
1.2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.5 A reference to writing or written included faxes and emails.
2 Basis of Contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the goods in accordance with these Conditions. The Customer shall ensure that the terms of the Order and any relevant Specifi cation are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order (“Order Acknowledgement”) at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions or illustrations contained in the Supplier’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the Contract or any other contract between the Supplier and the Customer for the sale of the goods.
2.5 A quotation for the Goods given by the Supplier shall not constitute an offer. A
quotation shall only be valid for a period of 7 days from its date of issue.
3 Delivery
3.1 The Supplier shall deliver the Goods to the location set out in the order or such
other location as the parties may agree (“Delivery Location”) at any time after the
Supplier notifi es the Customer that the goods are ready.
3.2 Delivery of the Goods shall be DAP or DDP as specifi ed in the order, as defi ned
by the International Chamber of Commerce Incoterms current at the date of
delivery.
3.3 Any dates quoted for delivery are approximate only, and the time of delivery is not
of the essence. If no delivery date is specifi ed then delivery shall take place in line
with any “Call Off “ Statement of Requests agreed between the parties from time
to time. 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 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs
and expenses incurred by the Customer in obtaining replacement goods of similar
description and quality in the cheapest market available less the price of the
Goods. 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 instruction or any other
instructions that are relevant to the supply of the Goods.
3.5 If the Customer fails to accept delivery of the Goods within 3 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 the Supplier’s failure to comply
with it obligations under the Contract:
3.5.1 delivery of the Goods shall be deemed to have been completed at 9:00 am on the
third day following the day on which the Supplier notifi ed the Customer that the
Goods were ready: and
3.5.2 the Supplier shall store the Goods until delivery takes place, and charge the
Customer for all related costs and expenses (including storage and insurance).
3.6 If 10 days after the Supplier notifi ed the Customer that the Goods were ready for
delivery the Customer has not accepted delivery of them, the Supplier may resell
or otherwise dispose of part or all of the Goods.
3.7 Unless otherwise specifi ed in the Order, the Customer shall not be entitled to
reject the Goods if the Supplier delivers up to and including 10% more or less than
the quantity of Goods ordered.
3.8 The Supplier may deliver the Goods by instalment, which shall be invoiced and
paid for separately. Each instalment shall constitute a separate Contract. Any
delay in delivery or defect in an instalment shall not entitle the Customer to cancel
any other installment.
3.9 Any collection or return of packaging material shall be undertaken solely at the
Supplier’s discretion and at the Customers cost.
4 Quality
4.1 The Supplier warrant that on delivery the Goods shall:
4.1.1 Conform in all material respects with their description and any applicable
Specifi cation: and
4.1.2 Be free from material defects in design, material and workmanship
4.2 Subject to clause 4.3, if
4.2.1 The Customer gives notice in writing to the Supplier within a reasonable time of
discovery that some or all the Goods do not comply with the warranty set out in
clause 4.1: and
4.2.2 The Supplier is given a reasonable opportunity of examining such Goods: and
4.2.3 The Customer (if asked to do so by the Supplier) returns such Goods to the
Supplier’s place of business at the Supplier’s cost. The Supplier shall, at its option
repair or replace the defective Goods, or refund the price of the defective Goods in
full.
4.3 The Supplier shall not be liable for the Goods’ failure to comply with the warranty
set out in clause 4.1 If:
4.3.1 The Customer makes any further use of such Goods after giving notice in
accordance with clause 4.2: or
4.3.2 The defect arises because the Customer failed to follow the Supplier’s oral or
written instructions as to the storage, commissioning, installation, use and
maintenance of the Goods or (if there are none) good trade practice: or
4.3.3 The defect arises as a result of the Supplier following any specifi cation supplied by
the Customer: or
4.3.4 The Customer alters or repairs such Goods without the written consent of the
Supplier: or
4.3.5 The defect arises as a result of fair wear and tear, wilful damage, negligence, or
abnormal storage or working conditions.
4.4 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
4.5 Except as set out in these Conditions, all warranties, conditions and other terms
implied by statue or common law are, to the fullest extent permitted by law,
excluded from the Contract.
4.6 These Conditions shall apply to any repaired or replacement of Goods supplied by
the Supplier.
5 Title and Risk
5.1 The risk in the Goods shall pass to the Customer on completion of delivery.
5.2 Title to the Goods shall not pass to the Customer until the Supplier has received
payment in full (in cash or cleared funds) for:
5.2.1 the Goods: and
5.2.2 any other goods or services that the Supplier has supplied to the Customer in
respect of which payment has become due.
5.3 Until title to the Goods has passed to the Customer, the Customer shall:
5.3.1 hold the Goods on a fi duciary basis as the Supplier’s bailee:
5.3.2 store the Goods separately from all other goods held by the Customer so that they
remain readily identifi able as the Supplier’s property:
5.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to
the Goods.
5.3.4 Maintain the Goods in satisfactory condition and keep them insured against all
risks for their full price from the date of delivery:
5.3.5 notify the Supplier immediately if it becomes subject to any of the events listed in
clause 7.2: and
5.3.6 give the Supplier such information relating to the Goods as the Supplier may
require from time to time, but the Customer may resell or use the Goods in the
ordinary course of its business.
5.4 If before title to the Goods passes to the Customer the Customer becomes subject
to any of the events listed in clause 7.2, or the Supplier reasonably believes that
any such event is about to happen and notifi es the Customer accordingly, then,
provided that the Goods have not been resold or irrevocably incorporated into
another product and without limiting any other right or remedy the Supplier may
have, the Supplier may at any time require the Customer to deliver up the Goods
and, if the Customer fails to do so promptly, enter any premises of the Customer
or any third party where the Goods are stored in order to recover them.
ECOLEC LTD - Terms and Conditions of Sale
The customer’s attention is drawn in particular to the provisions of clause 8.
6 Price and Payment
6.1.1 The price of the Goods shall be the price set out in the Order Acknowledgement,
or, if no price is quoted the price set out in the Supplier’s published price list in
force as at the date of Order.
6.1.2 Unless otherwise stated in the Order, the price of the Goods is inclusive of the
costs and charges of packaging of the Goods.
6.1.3 The price of the Goods is exclusive of amounts in respect of value added tax
(“VAT”). The Customer shall, on receipt of a valid VAT Invoice from the Supplier,
pay to the Supplier such additional amounts in respect of VAT as are chargeable
on the supply of the Goods:
6.1.4 The Supplier may invoice the Customer for the Goods on or at any time after the
completion of delivery.
6.1.5 Unless otherwise a specifi ed in the Order, the Customer shall pay the invoice in
full and in cleared funds by the end of the month following the month the invoice
was dated. Payment shall be made to the bank account nominated in writing by
the Supplier. Time of payment is of the essence.
6.1.6 If the Customer fails to make any payment due to the Supplier under the Contract
by the due date for payment (“due date”), then the Customer shall pay interest
on the overdue amount at the rate of 4% per annum above HSBC Bank Plc’s base
lending rate from time to time. Such interest shall accrue on a daily basis from the
due date until the date of actual payment of the overdue amount whether before
or after judgment. The Customer shall pay the interest together with the overdue
amount.
6.1.7 The Customer shall pay all amounts due under the Contract in full without any
deduction or withholding except as required by law and the Customer shall not be
entitled to assert any credit, set-off or counterclaim against the Supplier in order
to justify withholding payment of any such amount in whole or in part. The Supplier
may at any time, without limiting any rights or remedies it may have, set off any
amount owing to it by the Customer against any amount payable by the Supplier
to the Customer.
7 Customer’s Insolvency or Incapacity
7.1 If the Customer becomes subject to any of the events listed in clause
7.2 or the
Supplier reasonably believes that the Customer is about to become subject of any
of them and notifi es the Customer accordingly, then, without limiting any other
right or remedy available to the Supplier, the Supplier may cancel or suspend all
further deliveries under the Contract or under any other contract between the
Customer and the Supplier without incurring any liability to the Customer, and all
outstanding sums in respect of Goods delivered to the Customer shall become
immediately due.
7.2 For the purposes of clause 7.1 the relevant events are:
7.2.1 the Customer suspends, or threatens to suspend, payment of its debts or is
unable to pay its debts as they fall due or admits inability to pay its debts or (being
a company) is deemed unable to pay its debts within the meaning of section 123
of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay
its debts or as having no reasonable prospect of so doing, in either case, within
the meaning of section 268 of the Insolvency Act 1986, or (being a partnership)
has any partner to whom any of the foregoing apply: or
7.2.2 the Customer commences negotiations with all or any class of its creditors with
a view to rescheduling any of its debts, or makes a proposal offer or enters into
any compromise or arrangement with its creditors other than (if the Customer is
a company) where these events take place for the sole purpose of a scheme for a
solvent amalgamation of the Customer with one or more other companies or the
solvent reconstruction of the Customer: or
7.2.3 (being an individual) the Customer is the subject of a bankruptcy petition or order:
or
7.2.4 a creditor or encumbrancer of the Customer attaches or takes possession of, or a
distress, execution, sequestration or other such process levied or enforced on or
sued against, the whole or any part of its assets and such attachment or process
is not discharged within 7 days: or
7.2.5 (being a company) an application is made to court, or an order is made, for
the appointment of an administrator or if a notice of intention to appoint an
administrator is given or if an administrator is appointed over the Customer: or
7.2.6 (being a company) a fl oating charge holder over the assets of the Customer has
become entitled to appoint or has appointed an administrative receiver: or
7.2.7 a person becomes entitled to appoint a receiver over the assets of the Customer
or a receiver is appointed over the assets of the Customer, or
7.2.8 any event occurs, or proceeding is taken, with respect to the Customer in any
jurisdiction to which it is subject that has an effect equivalent or similar to any of
the events mentioned in clause to clause 7.2.1. to 7.2.7 (inclusive): or
7.2.9 the Customer suspends, threatens to suspend, ceases or threatens to cease to
carry on all or substantially the whole of its business: or
7.2.10 the fi nancial position of the Supplier deteriorates to such an extent that in
the opinion of the Customer the capability of the Seller adequately to fulfi l its
obligations under the Contract has been placed in jeopardy: or
7.2.11 (being an individual) the Customer dies or, by reason of illness or incapacity
(whether mental or physical), is incapable of managing his or her own affairs or
becomes a patient under any mental health legislation.
8 Limitation of Liability
8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors (as applicable):
8.1.2 Fraud or fraudulent misrepresentation: or
8.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979: or
8.1.4 defective products under the Consumer Protection Act 1987: or
8.1.5 any matter in respect of which it would be unlawful for the Supplier to exclude or
restrict liability.
8.2 Subject to clause 8.1
8.2.1 the Supplier shall not be liable to the Customer, whether in contract tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profi t or indirect
or consequential loss arising under or in connection with the Contract and
8.2.2 the Supplier’s total liability to the Customer in respect of all other losses arising
under or in connection with the Contract, whether in contract tort (including
negligence) breach of statutory duty, or otherwise, shall not exceed the price of
the Goods.
9 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations
under the Contract to the extent that such failure or delay is caused by a Force
Majeure Event. A “Force Majeure Event” means any event beyond a party’s
reasonable control, which by its nature could not have been foreseen, or, if it
could have been foreseen, was unavoidable, including strikes, lock-outs or there
industrial disputes (whether involving its own workforce or a third party’s), failure
of energy sources or transport network, acts of God, war, terrorism, riot, civil
commotion, interference by civil or military authorities, national or international
calamity, armed confl ict, malicious damage, breakdown of plant or machinery,
nuclear, chemical or biological contamination, sonic boom, explosions, collapse of
building structures, fi res, fl oods, storms, earthquakes, loss at sea, epidemics or
similar event, natural disasters or extreme adverse weather conditions, or default
of suppliers or subcontractors.
10 General
10.1 Assignment and Subcontracting
10.1.1 The Supplier may at any time assign, transfer, charge, subcontract or deal in any
other manner with all or any of its rights or obligations under the Contract.
10.1.2 The Customer may not assign, transfer, charge, subcontract or deal in any other
manner with all or any of its rights or obligations under the Contract without the
prior written consent of the Supplier.
10.2 Notices
10.2.1 Any notice or other communication given to a party under or in connection with
the Contract shall be in writing, addressed to that party at its registered offi ce
(if it is a company), or its principal place of business (in any other case) or such
other address as that party may have specifi ed to the other party in writing in
accordance with this clause and shall be delivered personally, sent by pre-paid
fi rst class post, recorded delivery, commercial courier, fax or email.
10.2.2 A notice or other communication shall be deemed to have been received:
if delivered personally, when left at the address referred to in clause 10.2.1, if
sent by pre-paid fi rst-class post or recorded delivery, at 9:00am on the third day
after posting: if delivered by commercial courier, on the date and the time that
the courier’s delivery receipt is signed: or, if sent by fax or email, one day after
transmission.
10.2.3 The provisions of this clause shall not apply to the service of any proceedings or
other documents in any legal action.
10.3 Severance
10.3.1 If any court or competent authority fi nds that any provision of the Contract (or
part of any provision) is invalid, illegal or unenforceable, that provision or part
provision shall, to the extent required, be deemed to be deleted, and the validity
and enforceability of the other provisions of the Contract shall not be affected.
10.3.2 If any invalid, unenforceable or illegal provision of the Contract would be valid,
enforceable and legal if some part of it were deleted, the provision shall apply with
the minimum modifi cation necessary to make it legal, valid and enforceable.
10.4 Waiver. A waiver of any right or remedy under the Contract is only effective if given
in writing and shall not be deemed a waiver of any subsequent breach or default.
No failure or delay by a party to exercise any right or remedy provided under the
Contract or by law shall constitute a waiver of that or any other right or remedy.
No single or partial exercise of such right or remedy shall preclude or restrict the
further exercise of that or any other right or remedy.
10.5 Third Party Rights. A person who is not a party to the Contract shall not have any
rights under or in connection with it.
10.6 Variation. Any variation to the Contract, including the introduction of any additional
terms and conditions, shall only be binding when agreed in writing and signed by
the Customer and the Supplier.
10.7 Governing Law and Jurisdiction. The Contract and any dispute or claim arising
out of or in connection with it or its subject matter or formation (including noncontractual
disputes or claims), shall be governed by, and construed in accordance
with, English Law and the parties irrevocably submit to the exclusive jurisdiction of
the courts of England and Wales.
ECOLEC LTD - Terms and Conditions of Sale
The customer’s attention is drawn in particular to the provisions of clause 8.
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