RAMTECH COMBUSTION SERVICES

TERMS AND CONDITIONS OF SALE OF GOODS & INSTALLATION SERVICES

BACKGROUND:

The Seller shall sell and the Customer shall purchase the Goods which shall be installed by the Seller in accordance with any Order completed by the Customer which is accepted by the Seller.

These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such Order is made or purported to be made by the Customer.

1. Definitions and Interpretation

1.1 In these Terms and Conditions the following terms shall have the following meanings:

“Calendar Day”

means any day of the year;

“Cancellation Form”

means the form attached to these Terms and Conditions as Schedule 1;

“Cancellation Notice”

means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer;

“Carrier”

means the carrier chosen by the Seller to be responsible for the shipment and delivery of the Goods;

“Contract”

means the contract for the purchase and sale of the Goods and Services under these Terms and Conditions;

“Customer”

means the individual purchasing the Goods and Services from the Seller who shall be identified in the Order;

“Goods”

means the goods which the Seller is to supply in accordance with these Terms and Conditions which shall be installed as part of the Services;

“Order”

means the customer’s completed order for the purchase and provision of Goods and Services;

“Payment Information”

means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;

“Sales Literature”

means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Goods and Services available and pricing information for those goods and services;

“Seller”

means Ramtech Combustion Services, (G.R Widdows trading as). Of Atticus House Lansdown Place Lane. Cheltenham. GL50 2LB. www.burnerservice.com

“Services”

means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order, which shall involve the installation of the Goods purchased by the Customer.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;

1.2.4 a Schedule is a schedule to these Terms and Conditions; and

1.2.5 a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. Basis of Sale

2.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by the Seller in writing. The Customer acknowledges that by entering into the Contract, they do not rely upon, and waive any claim for breach of, any such representations that are not so confirmed.

2.2 Sales Literature issued by the Seller in relation to the Goods and Services is subject to alteration without notice and does not constitute a contractual offer to sell the Goods and Services which is capable of acceptance.

2.3 Any typographical, clerical or other accidental errors or omissions in Sales Literature issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Orders and Specifications

3.1 No Order placed by the Customer shall be deemed to be accepted by the Seller until it is confirmed in writing by the Seller’s authorised representative.

3.2 The specification for the Goods and Services shall be those set out in the Seller’s Sales Literature unless varied expressly in the Customer’s Order (if accepted by the Seller).

3.3 The Seller reserves the right to make any changes in the specification of the Goods and Services which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods or Services are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

3.4 The Seller shall use its best and reasonable endeavours to meet the Customer’s Order for Goods in full in a single delivery. In the event that stock levels do not permit such delivery, orders may be dispatched in separate shipments [at the Seller’s discretion] OR [at the Customer’s request].

3.5 No Order which has been accepted by the Seller may be cancelled by the Customer except in accordance with the procedure set out in Clause 9 below.

4. Price

4.1 The prices of the Goods and Services shall be those shown in Sales Literature issued by the Seller current at the date of acceptance of the Customer’s Order or at such other price as may be agreed in writing by the Seller and the Customer.

4.2 Where the Seller has quoted a price for the Goods and Services other than in accordance with the Seller’s Sales Literature the price quoted shall be valid for 30 Calendar Days only.

4.3 Once an Order has been placed by the Customer and confirmed by the Seller, the Seller shall not alter the price of the Goods or Services chargeable to the Customer which form part of that order except in the following circumstances:

4.3.1 Where the price of Goods or Services shown in Sales Literature, price lists or other documents is higher than the correct price, the Customer will be charged the lower, correct price; and

4.3.2 Where the price of Goods or Services shown in sales literature, price lists or other documents is lower than the correct price, the order or the relevant part of the order will be cancelled by the Seller and the Customer shall be informed in writing of the cancellation and the reason for that cancellation.

4.4 Unless otherwise stated in Sales literature, all prices shown are exclusive of VAT and other relevant taxes.

5. Payment

5.1 Where the Goods are delivered at the time of commencement of provision of the Services, and subject to any other terms agreed in writing between the Customer and the Seller, the Seller shall invoice the Customer for the price of the Goods and Services on or at any time after the commencement of provision of the Services. Payment may be processed onsite by credit card as part of the invoice process

OR

Subject to any other terms agreed in writing between the Customer and the Seller, the Customer shall be required to provide Payment Information such as credit card details when completing the order form or booking. Payment shall be processed by the Seller as part of the order process.

OR

Subject to any other terms agreed in writing between the Customer and the Seller, the Customer shall enclose a cheque for the value of the Services ordered when placing their Order. Payment shall be processed by the Seller as part of the order process.

5.2 All payments made to the Seller must be made in Pounds Sterling, subject to any written agreement to the contrary.

6. Delivery

6.1 Delivery of the Goods shall be made either by the Seller delivering the Goods via the Carrier, or by the Seller directly to the location specified by the Customer in their Order and / or the Seller’s acceptance, or if no place of delivery is specified, by the Customer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Customer that the Goods are ready for collection.

6.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed in writing. The Goods may be delivered by the Carrier or the Seller in advance of the Delivery Date upon giving reasonable notice to the Customer.

6.3 Where a multi-part delivery is required, as set out in sub-Clause 3.4 above, each constituent part of the full order shall be counted as a part of the same delivery and relevant delivery charges to the Customer shall reflect this.

6.4 Upon the first attempt to deliver the Goods, the Carrier or the Seller will attempt to leave the Goods in a suitable and safe place or with a neighbour in the event that the Customer or their authorised representative is not available to receive the delivery. Where a signature is required on receipt of the Goods, this may be sought from a neighbour if the Customer is not available where this is permitted by the terms of the delivery method chosen.

6.5 If delivery in accordance with sub-Clause 6.4 is not possible, the Goods will be returned [to the Carrier’s depot] OR [to the Seller] whereupon the Seller will attempt to contact the Customer to make alternative delivery arrangements.

6.6 If, following the actions detailed in sub-Clauses 6.4 and 6.5, delivery is still not possible within 14 Calendar Days of the date of the first attempted delivery, the Goods shall be returned to the Seller and the Customer shall be refunded all relevant monies less the agreed costs of delivery, subject to sub-Clause 6.7 below.

6.7 The cost of delivery shall not be deducted from any refund issued where a failure to deliver was the fault of the Seller.

7. Provision of the Services

7.1 The Seller shall, in accordance with these Terms and Conditions, specific terms relating to the Services, and any additional terms as specified in the Order, supply the Services expressly identified in the Order.

7.2 The Seller will use reasonable care and skill to perform the Services identified in the Order.

7.3 The Seller shall use all reasonable endeavours to complete its obligations under the Order, but time will [not] be of the essence in the performance of these obligations.

8. Sub-Contracting

The Seller may sub-contract the performance of any of the Services or components thereof without the prior written consent of the Customer. Where the Seller sub-contracts the performance of any of its obligations, the Seller shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of the Seller itself.

9. Notice of the Right to Cancel

9.1 The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations 2008.

9.2 The Seller is Ramtech Combustion Services, (G.R Widdows trading as). Of Atticus House Lansdown Place Lane. Cheltenham. GL50 2LB. www.burnerservice.com.

9.3 For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is: WEBDSR1.

9.4 The Customer has the right to cancel the Contract within 7 Calendar Days of receipt of this notice (the “Cancellation Period”).

9.5 The Customer may be required to pay for Services provided and / or Goods installed if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.

9.6 In the event that the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Seller at the address provided in sub-Clause 9.7.1 below. [Alternatively, an electronic version of the Cancellation Form may be accessed at www.burnerservice.com for completion and email submission to the Seller at the email address provided in sub-Clause 9.7.2 below.] All Cancellation Notices must be in writing. No other communication method will be accepted by the Seller.

9.7 Cancellation Notices must be sent to the Seller at the following addresses:

9.7.1 A Cancellation Notice sent by post or delivered by hand must be sent to: Ramtech Combustion Services Atticus House Lansdown Place Lane. Cheltenham. GL50 2LB; and

9.7.2 A Cancellation Notice sent by email must be sent to: mail@burnerservice.com.

9.8 Cancellation Notices shall be deemed served upon the Seller:

9.8.1 In the case of a Cancellation Notice sent by post, at the time of posting; and

9.8.2 In the case of a Cancellation Notice sent electronically, on the day it is sent.

9.9 Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.

10. Cancelling Services and returning Goods after the Cancellation Period

10.1 Following the end of the Cancellation Period set out in Clause 9, the Customer shall have a period of zero Calendar Days within which Services provision can be cancelled.

10.2 Following the end of the Cancellation Period set out in Clause 9, the Customer shall have a period of zero Calendar Days within which Goods can be returned to the Seller for any reasons, provided the provisions of Clause 11 are followed.]

11. Returns and Refunds

11.1 If the Customer chooses to exercise the Right to Cancel in accordance with Clause 9 [or Clause 10] above, the provisions of this Clause [11] shall apply in determining any refund to which the Customer may be entitled.

11.2 Any Goods received by the Customer which have not been installed as part of the Services or can be uninstalled without detriment of any kind to those Goods must be returned to the Seller in accordance with this Clause [11].

11.3 Any Goods received by the Customer which have already been installed as part of the Services at the Customer’s written request, prior to the giving of notice by the Customer and the end of the Cancellation Period, which cannot be uninstalled without detriment of any kind to those Goods may not be returned, subject to the discretion of the Seller who shall have the right to determine a discounted refund sum where appropriate.

11.4 The Customer must inform the Seller of their exercise of the Right to Cancel within the period required by Clause 9 or 10.

11.5 Any and all Goods returned by the Customer must be returned in their original condition. Any deviation from this condition shall entitle the Seller to refuse the return of relevant Goods or to adjust the refunded monies accordingly.

11.6 The Customer is obliged only to make the Goods available for collection at the location specified in the Order, following the receipt of a written and signed notice from the Seller informing them that the Goods will be collected.

11.7 The Customer may, but is not obliged to, deliver the Goods to the Seller. In the event that the Customer chooses to do this, any costs associated with such delivery shall be borne by the customer.

11.8 If the provision of Services has commenced, at the Customer’s written request, prior to the giving of notice by the Customer and the end of the Cancellation Period, the Seller shall remain entitled to any monies constituting the value of such Services.

11.8.1 Where the Customer has already made payment to the Seller, any refund issued shall be less the relevant sum determined under sub-Clause [11].8.

11.8.2 Where the Customer is yet to make payment to the Seller, the sum due from the Customer shall be adjusted accordingly.

11.8.3 The Seller will inform the Customer in writing of the relevant calculations involved in determining sums deductable or payable under this Clause [11].

11.9 If the provision of Services has commenced prior to the giving of notice by the Customer and the end of the Cancellation Period without the Customer’s written request, the Seller shall not be entitled to any monies constituting the value of such Services or Goods installed.

12. Liability

12.1 If the Seller fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the Customer.

12.2 The Customer shall indemnify the Seller against all damages, costs, claims and expenses suffered by the Seller arising from loss or damage to any equipment (including that of third parties) caused by the Customer.

12.3 The Seller shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control.

13. Guarantee

[The Seller guarantees all Goods against faulty workmanship and manufacturing defects for 30 days from the date of delivery with the exception of claims arising from fuel contamination or pressure loss]

14. Notices

14.1 All notices under these Terms and Conditions shall be in writing.

14.2 Subject to the provisions of Clause 9, above, notices shall be deemed to have been duly given:

14.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient (where applicable); or

14.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or

14.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

14.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid.

in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

15. Assignment

15.1 The Seller may assign the Contract or any part of it to any other party.

15.2 The Customer may not assign the Contract or any part of it to any other party without the prior written consent of the Seller.

16. Force Majeure

Neither the Seller nor the Customer shall be liable for any failure or delay in performing their obligations under the Contract or arising out of these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

17. Severance

In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

18. Law and Jurisdiction

18.1 This Agreement shall be governed by the laws of England and Wales.

18.2 Any dispute between the Parties relating to this Agreement shall fall within the jurisdiction of the courts of England and Wales.

SCHEDULE 1

Cancellation Notice

This Cancellation Notice is set out in the form required by The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008.

If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to.

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.)

Cancellation Notice

To: Ramtech Combustion Services (G. R WIDDOWS T/as).

I hereby give notice that I wish to cancel my contract ref. WEBDSR1.

Your Name (required)

Your Email (required)

Name and Address

Date

Signed

I / we accept and understand the terms and conditions above including the notice in schedule 1 and acknowledge receipt of the notice of the right to cancel.

Contract ref; WEBDSR1

Name and Address

Date

Signed

Authorisation to commence works within cancelation period

I / we authorise the commencement of the supply of goods and services within the 7 day cancellation notice period. I / we will be liable to pay for all goods and services that are supplied from the date of the serving of the notice right to cancel

Contract ref; WEBDSR1

Name and Address

Date

Signed