In this document the following words shall
have the following meanings:
have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.2 “Customer” means
any person or company who purchases Goods and Services from the Supplier.
1.3 “Proposal” means
a statement of work, quotation, internet website or other document or
electronic media describing the Goods and Service to be provided by the
1.4 “Goods” means
the articles specified in the Proposal;
1.5 “Service” or
“Services” means the services specified in the Proposal;
1.6 “Supplier” means
Olivers Heating Ltd., Unit 3, Arena Business Park, Nimrod Way, Ferndown,
Dorset, BH21 7SH with registered office at Suite 8, Bourne Gate, 25 Bourne
Valley Road, Poole, Dorset, BH12 1DY
1.7 “Terms and
Conditions” means the terms and conditions of supply set out in this document
and any special terms and conditions agreed in writing by the Supplier.
1.8 The expression
“the Act” means Companies Act 1985 as amended by the Companies Act 1989, but so
that any reference in these Terms and Conditions to any provision of the Act
shall be deemed to include a reference to any statutory modification or
re-enactment of the provision for the time being in force.
2.1 These Terms and
Conditions shall apply to all contracts for the supply of Goods or Services by
the Supplier to the Customer and shall prevail over any other documentation or
communication from the Customer.
2.2 Any variation to
these Terms and Conditions shall be inapplicable unless agreed in writing by
2.3 Nothing in these
Terms and Conditions shall prejudice any condition or warranty, express or
implied, or any legal remedy to which the Supplier may be entitled in relation
to the Goods and Services by virtue of any statute, law or regulation. 2.4
Nothing in these Terms and Conditions shall affect the Customer’s statutory
rights as a Consumer.
3.1 All Orders for
Goods or Services shall be deemed to be acceptance of the Proposal pursuant to
these Terms and Conditions.
4. PRICE AND PAYMENT
4.1 The price for
the Goods or Services are subject to any applicable charges and only where
stated in the Proposal is inclusive of VAT.
Where the price is not stated as VAT inclusive they will be subject to
the addition of VAT at the prevailing rate. 4.2 Payment of the price shall be
in the manner specified in the Proposal.
4.3 If the customer
fails to make payment within 30 days of it becoming due, the Supplier shall be
entitled to charge interest at the current base rate plus 2.00% per month on
the outstanding amounts.
5.1 The date of
delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence
of the contract and the Supplier shall not be liable for any loss, costs,
damages, charges or expenses caused directly or indirectly by any delay in the
delivery of the Goods or performance of Services.
5.2 All risk in the
Goods shall pass to the Customer upon delivery.
specified in the Proposal will be provided by the Supplier to the customer for
a specified period but not exceeding 12 months.
At the expiration of the agreed period the Supplier may at their sole
discretion and without notice: Either Elect to terminate the Service supplied
to the Customer
Or Invite the
Customer to renew Services as specified by the Supplier at the prices
prevailing at the time of renewal.
Title of the Goods
shall not pass to the Customer until the Supplier has been paid in full for the
To enable the
Supplier to perform its obligations the Customer shall:
7.1 co-operate with
the Supplier: 7.2 provide the Supplier with any information reasonably required
by the Supplier
7.3 obtain all
necessary permissions, licenses and consents which may be required before the
commencement of the Services, the cost of which shall be sole responsibility of
7.4 comply with such
other requirements as may be set out in the proposal or otherwise agreed
between the parties.
7.5 for the
provision of Services by the Supplier the Customer must provide the Supplier
with a proper contact address (PO Box is not acceptable) and any contact details
as required by the Supplier and agree to inform the Supplier immediately in
writing (an email is an acceptable form of writing) of any changes
thereto. The Supplier may at their
discretion either suspend or terminate the supply of services if they are
unable to contact the Customer.
8.1 The Supplier
warrants that the goods will at the time of delivery correspond to the
description given by the Supplier.
8.2 The Supplier
shall perform the Services with reasonable skill and care and to a reasonable
standard in accordance with recognised standards and codes of practice.
8.3 The Supplier
accepts all responsibility for the condition of tools and equipment used in the
performance of the Services and shall ensure that any materials supplied shall
be free of defects.
CANCELLATION AND REFUNDS FOR GOODS AND SERVICES
9.1 Where Goods are
faulty or do not comply with any of the Proposal, the Customer must notify the
Supplier within 7 days of delivery and return the Goods to the Supplier within
7 days of notifying the Supplier. Once
the Supplier has confirmed the Goods are faulty or do not comply with any of
the contract the Customer shall be entitled to replacement Goods or a full
refund. 9.2 Where Services do not comply with any of the contract, the Customer
must notify the Supplier within 7 days.
Once the Supplier confirms the Services do not comply with any of the
contract the Customer shall be entitled to a full refund.
9.3 Any request by
the Customer to cancel an Order must be made by notifying the Supplier in
writing (an email is an acceptable of writing) at the contact address specified
at the time of placing the order.
Refunds will not be made where (a) the Goods ordered have been
manufactured (b) the Goods or Services being supplied comply with the contract
All mail items
received and business information acquired by the Supplier are treated as
commercially confidential and will not be disclosed or supplied to any third
party outside of the Supplier or partner companies as agreed in the contract
for provision of Services. The duty of
confidentiality by the Supplier to the Customer does not apply when the
Supplier is required by English law to provide information to the police or
other organizations empowered by statute or under any money laundering
regulations in force for the time being.
LIMITATION OF LIABILITY
11.1 Nothing in
these Terms and Conditions shall exclude or limit the liability of the Supplier
for death or personal injury, however, the Supplier shall not be liable for any
direct loss or damage suffered by the Customer howsoever caused as a result of
any negligence, breach of contract or otherwise in excess of the price for the
Goods and Services.
11.2 The Supplier
shall not be liable under any circumstances to the Customer or any third party
for any indirect or consequential loss of profit, consequential or other
economic loss suffered by the Customer howsoever caused, as a result of any
negligence breach of contract, misrepresentation or otherwise.
11.3 For the
avoidance of doubt, time shall not be of the essence and the Supplier shall
incur no liability to the Customer in respect of any failure to complete the
Services by any agreed completion date.
The Customer agrees
to indemnify each of the Suppliers, his principals, agents and respective
consequences of any defect, or unsuitability of any article, plant or other
equipment or incorrect information provided by the Customer/
consequences of any breach of health and safety regulations made or code of
practice approved pursuant to statute.
12.3 All claims by
third parties and any other claim under common law or by statue arising out of
any such defect, unsuitability or breach.
12.4 all damages
penalties costs and expenses to w2hich each or any of them may become liable as
the result of work done in accordance with any Contract between them which
involves the infringement of any letters, patent, copyright, design, trademark
or other intellectual property right or any claim for any such infringement.
12.5 any claims,
costs and expenses arising out of any slanderous matter, translated, printed or
in any matter published by the Customer including any such loss arising out of
costs and expenses incurred in respect of threatened action which is settled by
the parties concerned without being tried by a court or other tribunal and all
actions, costs, claims and demands arising out of any Contract between them
whether occasional by breach negligence or by any other cause whatsoever.
The Supplier shall
have the right to terminate any agreement with the Customer forthwith on giving
notice in writing (an email is an acceptable form of writing) to the Customer
on the occurrence of any one or more of the following events.
13.1 breach of any
of the terms of this Contract by the Customer.
13.2 If a petition
is made for the Customer’s bankruptcy or a criminal bankrupt order is made
against the Customer or if the Customer makes any composition or arrangement
with or for the benefit of creditors or makes any conveyance or assignment for
the benefit or creditors.
13.3 Where the
Customer is a company.
If any action is
taken for or with a view to its winding up, or a petition is presented for an
administration or a winding up order against it or such an order is made, or it
becomes insolvent or unable to pay its debts within the meaning of Section 123
of the insolvency Act 1986, or an administrative receiver, receiver or manager
of its undertaking is duly appointed by a creditor or by the court, or
possession is taken of any of its property by an encumbrance and in that event such termination shall not
affect any rights which the Supplier may have against the Customer in
consequence of the breach by the Customer.
13.4 If without
reasonable cause the Customer with-holds either an agreed interim or full
payment to the Supplier in respect of this contract or any other contract
between the two parties.
13.5 If it is the
Suppliers belief that the Services are being used with fraudulent or criminal
Neither party shall
be liable for any delay or failure to perform any of its obligations if the
delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, trikes, lock outs,
accidents, war, fire, breakdown of plant or machinery or shortage or
unavailability of raw materials from a natural source of supply, and the party
shall be entitled to a reasonable extension of its obligations.
If any term or
provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by an court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid, illegal or unenforceable provision eliminated.
The Customer shall
not be entitled to assign his or its rights or obligations under any contract
with the Supplier without the prior written consent of the Supplier.
Where a notice is to
be given to any party hereto it may be served by leaving it at the registered
office or last known address of that party.
Otherwise it may be sent by first class letter post to the registered
office or the last known address of that party, when it shall be deemed to have
been served at the expiration of 48 hours after it has been posted.
These Terms and
Conditions shall be governed by and construed in accordance with the law of
England and the parties hereby submit to the exclusive jurisdiction of the
Would you like a free, no-obligation quote? Simply call us on:
You can also use our contact form.
Olivers Heating Limited
62 Cobham Road
Ferndown Industrial Estate
Dorset. BH21 7QH
Olivers Heating sponsor Julias House golf fun day
Olivers Heating sponsor the Australian Pairs tournament for Dorset Short Mat Bowls
Olivers Heating add the United Reform Church to its sponsor list