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TERMS AND C
ONDITIONS
Gledhill
(Building Products)
Ltd
AMD. SEPTEMBER 2010
CONDITIONS OF SALE & GUARANTEE TERMS
1.
Gledhill (Building Products) Ltd (“We” or “Gledhills”) only do business upon the Conditions which appear
below and no other. Unless we so agree in writing these Conditions shall apply in full to any supply of goods by us
to the exclusion of any Conditions or terms sought to be imposed by any purchaser. These Conditions of Sale and
Warranty Terms override those which are contained on the Invoice Forms and all Sales are now subject to these
Conditions of Sale and Warranty terms only.
2. PRICE
Once an order or call off has been accepted the price will be held for three months
but if delivery is extended
beyond that period at the customer’s request, then we reserve the right to amend the price when necessary.
The company reviews its pricing annually to adjust for changes in our cost base. We reserve the right to alter prices
at any time for severe movements in raw materials (mainly copper and steel). If there is to be a change we will give
customers at least four weeks notice but anything delivered after that date will be at the revised price. An order
may not be cancelled or varied after acceptance without the written consent of the company. Such cancellation or
variation shall be subject to such reasonable charges as may be appropriate.
3. SPECIFICATION
The goods are supplied in accordance with the Specifications (if any) submitted to the Purchaser and any additions
and alterations shall be the subject of an extra charge. Any goods not so specified shall be in accordance with our
printed literature or the literature of any of our component suppliers (subject to any modifications made since
publication). If we adopt any changes in construction or design of the goods, or in the specification printed in our
literature, the Purchaser shall accept the goods so changed in fulfilment of the order.
4. PAYMENT
The buyer shall make payment in full within thirty days from the end of the month in which the invoice is dated. If
we receive payment in full on or before the due date we will allow an appropriate settlement discount except where
we have quoted a special net price. If payment is not received in full on or before the due date we shall be entitled
in addition to the invoice price to:
(i)
payment of a sum equal to any increase in the copper price supplement applicable to the particular goods
sold between the date of receipt of order and the date of receipt of payment in full; and
(ii)
interest on any part of the invoice price unpaid after the due date at the rate of 3% per annum over the base
rate for the time being of HSBC Bank plc.
5. TIME
We give estimates of delivery dates in good faith and time of delivery is not nor shall be made of the essence of any
contract nor shall we be liable for any loss or damage occasioned by delay in delivery.
6. DELIVERY
We deliver free normally by our own vehicles within 25 miles of any of our manufacturing depots. Delivery to any
place more than 25 miles from one of our manufacturing depots may be subject to our quoted delivery charges. We
reserve the right to make delivery of goods contained in one order by more than one consignment and at different
times. Where a period is agreed for delivery and such period is not extended by our Agreement, the Purchaser shall
take delivery within that period. If the Purchaser fails to take delivery, we shall be entitled at the Purchaser’s risk
and expense to store the goods at the Purchaser’s premises or elsewhere and to demand payment as if they had
been despatched. Off loading at point of delivery shall be the responsibility of and be undertaken by the Purchaser.
7.
SHORTAGES OR DAMAGE
Goods must be inspected before signature of delivery note and any damage, shortage or discrepancy noted on the
delivery note and the goods returned on the same vehicle. The buyer must also give us immediate written notice of
the damage, shortage or discrepancy so that we may prompt investigation.
8.
RETURN OF GOODS
Goods may not be returned to the Company except by prior written permission of an authorised officer of the
Company and such return shall be subject to payment by the Purchaser of handling and re-stocking charges,
transport and all other costs incurred by the Company.
9.
COMPANY LIABILITY AND GUARANTEE
9.1. Subject to the terms of these Conditions of Sale and Guarantee Terms Gledhills provide Guarantees in respect
of specific products as set out in this clause.
9.2. Each Guarantee is strictly conditional upon the following:-
9.2.1. Complaints must be given to us immediately, before any action is taken, as responsibility cannot be accepted
if repairs or renewals are attempted on site without our written approval.
9.2.2. The unit has been installed in accordance with our installation and service instructions and all relevant codes
of practice and regulations in force at the time of installation.
9.2.3. All necessary inlet controls and safety valves have been fitted correctly.
9.2.4. The unit has only been used for the storage of potable water supplied from the public mains.
9.2.5 Where appropriate the unit has been regularly maintained as detailed in the installation and service instructions
9.2.6. Defects caused by corrosion or scale deposits are not covered by any Guarantee.
9.2.7. Where we agree to rectify any defect we reserve the right to undertake the work on our own premises.
9.2.8. We will not accept any labour charges associated with replacing the unit or parts for any of the following
products listed.
9.3. Guarantees are provided in respect of specified goods supplied by Gledhills as follows:-
(a) Domestic and Commercial Open Vented Cylinders and Tanks.
The copper storage vessel is guaranteed for ten years and if it proves to be defective either in materials or
workmanship, we will either repair or supply replacement at our option with the closest substitute in the case
of any obsolete product to any address in Great Britain.
(i) free of all charge during the first year after delivery by us.
(ii) thereafter at a charge of one-tenth of the then current list price and any copper price supplement and
delivery charge during the second year after delivery by us and increasing by a further one-tenth on the
second and subsequent anniversary of delivery by us.
(b) Domestic Mains Fed Products [Primary Stores]
The copper storage vessel is guaranteed for five years and if it or any integral pipework as part of the storage
vessel assembly proves to be defective either in materials or workmanship, we reserve the right to either
repair or supply replacements or the closest possible substitute in the case of any obsolete product and will
collect and deliver to any address in England, Wales and Scotland (excluding all Scottish Islands).
(i) free of all charge during the first year after delivery by us.
(ii) thereafter at a charge of one-fifth of the then current list price or any copper price supplement and
delivery charge during the second year after delivery by us increasing by a further one-fifth on the second
and subsequent anniversary of delivery by us.
(c) Stainless Steel Unvented Cylinders
Gledhill guarantee the components including
controls, valves and electrical parts for two years from
the date of purchase. IT SHOULD BE NOTED THAT
THE FACTORY FITTED TEMPERATURE AND PRESSURE
RELIEF VALVE MUST NOT BE REMOVED OR ALTERED
IN ANY WAY OR THE GUARANTEE WILL NOT BE VALID.
GLEDHILL WILL NOT BE RESPONSIBLE FOR ANY
CONSEQUENTIAL LOSS OR DAMAGE HOWEVER IT IS
CAUSED.
The guarantee for the stainless steel vessel is for
twenty five years if the original unit is returned to us
AND PROVIDED THAT:
(i) It has not been modified, other than by Gledhill.
(ii) It has not been subjected to wrong or improper
use or left uncared for.
(iii) It has only been used for the storage of potable
water, max 200mg/litre chloride.
(iv) It has not been subjected to frost damage.
(v) The benchmark log book is completed after each
annual service.
(vi) The unit has been serviced annually.
(vii) Any disinfection has been carried out strictly in
accordance with BS6700.
If the stainless steel vessel proves to be defective
either in materials or workmanship we reserve the
right to either repair or supply replacements or the
closest possible substitute in the case of any obsolete
product and will collect and deliver to any address in
England, Scotland and Wales (excluding all islands):
(i) free of charge during the first year after delivery by
us.
(ii) thereafter at a charge of one twenty fifth of the
then current list price during the second year
after delivery by us and increasing by a further
one twenty fifth on the second and subsequent
anniversary of delivery by us.
ACTION IN THE EVENT OF FAILURE
If the stainless steel cylinder develops a leak we will
ask for a deposit against the supply of a new one. This
will be refunded if the failure is within the terms of the
warranty when it has been examined by us.
Please note:
- Installation must have been carried out by a
licensed specialized company (heating contractor
or plumber) following the version of installation
instructions in force.
-
Gledhill or its representative was given the
opportunity to check complaints on site
immediately after any defect occurred.
-
Confirmation exists that the system was
commissioned properly and that the system
was checked and maintenance was performed
annually by a specialised company licensed for
this purpose.
(d) Components of our products other than
Storage Vessels and Integral Pipework.
We will either extend to the purchaser the same terms
of warranty as we are given by the manufacturer of
the component or if the manufacturer does not give
any warranty, replace free of charge any component
which becomes defective within two years after the
date of the delivery by us and is returned to us at the
purchaser’s expense but we shall not meet the cost of
removal or shipping or return of the component or
any other cost charges or damages incurred by the
purchaser.
9.4.
9.4.1. In respect of goods supplied by us and in respect of
any installation work carried out by or on our behalf,
our entire liability and the purchaser’s sole remedies
(subject to the Guarantees) shall be as follows:-
(a) We accept liability for death or personal injury to
the extent that it results from our negligence or
that of our employees
(b) Subject to the other provisions of this clause 9
we accept liability for direct physical damage
to tangible property to the extent that such
damage is caused by our negligence or that of our
employees, agents or subcontractors.
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