GES UNDERFLOOR HEATING LIMITED - TERMS & CONDITIONS

GENERAL
1 If not otherwise agreed all offers from GES Underfloor Heating Limited (GES) are without commitment
2 The Buyers confirm that they have read these Terms & Conditions and agreed to be bound by them
3 In case of delivery ex-works, the Goods are transported at the risk and cost of Buyers
4 No payments to Third Parties can be effected by way of contra-Account without the prior permission in writing of GES
5 This Contract is non-Assignable

QUOTATIONS
6 (a) A quotation by GES shall constitute an Invitation to Treat and not an Offer
(b) GES may withdraw or amend any quotation at any time prior to GES acceptance of the Buyers Order
7 A quotation is valid for sixty days from the date of issue

ORDERING
8 GES requires written confirmation of the order and 14 (fourteen) days to process that order. It can be sent by post, fax or e-mail. Full address of location and any special requirements relating to that order, for example additional requirements, CAD (Computer Aided Design) pipe layout drawing et cetera must also be detailed
9 CAD charges relate to the CAD being prepared from plans supplied. If subsequent changes are made then a further charge will be incurred on time taken to make the changes
10 The delivery address will be the installers address to enable the equipment to be checked prior to going on site. This is important as GES will not be liable for missing parts if the Installer/Agent has not checked the material and notified GES of any deficiency within seven days of delivery
11 Material will be dispatched as soon as possible after completion of Order and preparation of supporting technical paperwork. The goods will be film wrapped on a pallet. If the wrapping is damaged or torn, special care should be taken when checking contents
12 GES will normally stock all equipment necessary to satisfy an Order. However, if due to supply problems beyond its control an item (or items) of equipment are not available, then that Order Delivery Note will be clearly marked with the shortage(s). If payment of that invoice falls due before items are available, only material supplied is due for payment.
13 The buyer is deemed to have accepted the goods upon delivery. All complaints should be made within 7 (seven) days of delivery. After this period complaints will not be accepted. GES does not accept returns without prior agreement. Only on receiving the returns will either a Credit Note or Refund be considered.
14 GES agrees to either repair or replace free of charge any goods that, in the opinion of GES, are defective due to a manufacturing fault but this must be notified within the guarantee period.
15 Any cancellation of an Order must be in writing. However any work carried out for this project will be billed appropriately.

DESIGN
16 GES will be responsible for the heat loss calculations, floor pipe calculations and specification of the floor heating system. To calculate and specify accurately, it is the Buyer’s responsibility to provide:
(a) scale floor plans, elevations and, if possible , sections through the property and
(b) details of floor constructions and floor coverings. If this information is not available then a provision price and specification will be supplied based on the information given to GES.
17 All parameters used in the calculations and specifications are clearly shown on the quotation and it is the responsibility of the installer to check these and ensure that there are no changes between design stage and installation.
18 GES will size pumps capable of supplying the necessary flow rates against the calculated pressure loss of the index circuit on each manifold with a sensible allowance for pressure drop in the flow and return delivery pipe work. Flow and return pipe work route and installation are out of control of GES. Should any pressure drop be excessive due to long runs or under-sizing then GES will not be responsible for under-performance of the pump(s).
19 All delivery pipe-work should be sized and installed in accordance with good practice guides. To assist the Installer GES will provide the heat load requirements for the circuit.
20 With regard to add-on floor heating to an existing system, GES will endeavour to provide sufficient information and equipment to enable the installer to link the under-floor heating with existing equipment. Unless GES has all relevant information, this may not be possible.

TRAINING
21 GES supplies all information required to enable the Installer to complete the heating system. However, GES assumes that Installers are knowledgeable and competent in their respective disciplines.

PRICING
22 All prices are calculated according to the conditions at the time of the calculation and shall be honoured for 60 (sixty) days from the date of quotation or longer at the discretion of the Company. Eventual price increases are totally at the buyers expense.

INSTALLATION (if by GES)
23 The area and site must be prepared and ready for the installation team. Any delay or additional labour required to assist in preparation will be duly invoiced at ?20 per man hour. Additional visits will be invoiced on an hourly basis plus travel. Payment for installation of floor heating equipment is due when the manifold and under-floor pipes are fitted, filled and tested. The client must ensure that there is adequate water supply available for the filling and pressure test.

VAT ON NEW PRIVATE DWELLINGS
24 When GES supply and install a floor heating system into a new private dwelling and the owner is invoiced this can be zero-rated.

VAT ON BUILDINGS UNOCCUPIED FOR THREE YEARS OR MORE
25 Any material supplied for a property that has been vacant for 3 (three) years can be supplied at a reduced rate, subject to current regulations/rates

INVOICING
26 On receipt of an order an Invoice will be issued to cover the total costs of the system

PAYMENT
27 Payment must be made before collection or delivery, unless otherwise specifically agreed
28 Overdue invoices will be subject to interest charged at 2% (Two Percent) charged above the Bank of England Base Rate plus an additional 8% Eight per Cent) surcharge on the amount not contested, should there be a dispute on part of an invoice
29 Accounts that fall overdue by 7 (seven) days will result in that account being suspended, unless alternative arrangement have been made
30 The supplied goods remain the property of the Seller until full payment therefore is received by GES
31 In default of payment within 7 (seven) days of delivery of the invoice, the Seller holds the right to retrieve the goods from wherever they may be located, even with third parties, without warning and at the entire cost of the buying party. Furthermore, the buyer commits himself to protecting the seller against any procedures and difficulties the latter could suffer whilst retrieving the goods from a third party
32 The Buyer shall not be entitled to withhold or offset payment of any amount due to GES whether in respect of a claim by the buyer in respect of goods supplied by GES or for any other reason which is contested or for which liability is not admitted. Should an issue arise, a Credit Note will be raised where this has been agreed by GES
33 Should at any time, the buyer being a Company, alter its constitution or, being a sole trader or partnership, become incorporated or amalgamated with others, it shall br the duty of the buyer to give prior written notice to GES of the intended change. Continuation of trading with a new entity shall be renewed after relevant reference checks and acceptance by a Director of GES at its sole unfettered discretion
34 Should the Buyer sell-on the goods to a third-party, the Buyer shall be required to store the goods in such a way as to clearly show the Sellers ownership of them
35 The Buyer must also be able to notify GES upon demand of the place or places where the goods are so stored

TERMINATION
36 GES Limited may suspend further supplies or deliveries, stop any goods in transit or terminate the Contract by notice in writing to the Buyer if the Buyer is in breach of an obligation or becomes unable to pay its debts when they fall due or proceedings are commenced either by or against the buyer alleging bankruptcy or insolvency. Upon termination the debt owed to GES becomes immediately due and GES shall be under no further obligation to supply goods to the Buyer

LAW
37 Any Contract between the Company and the Buyer shall be construed in accordance with the laws of England & Wales. All parties shall agree to submit the jurisdiction of the English and Welsh Courts.
38 It is the Installer’s responsibility to ensure that the system is correctly installed. Other trades are aware of their responsibilities to ensure that the complete system is commissioned and explained to the end user
39 The installer must ensure that the equipment is not operated for at least 30 (Thirty) days after the screed has been laid
40 GES will, on request, make a site visit to resolve problems that the installer cannot rectify. Site visits by GES will be made under the following conditions:
(a) reasonable and sensible notice must be given due to possible distances and travel time involved
(b) assurances must be given by or on behalf of the Buyer that the installation conforms with installation instructions
(c) Trades involved in the installation will also be on site
(d) the costs of such visit will be invoiced to the Buyer unless the equipment is found to be defective
41 If a problem proves to be of either faulty design or material then GES will resolve the problem without cost to the buyer
42 If the problem proves to be faulty installation of the control wiring the fault should be advised to the Contractor and/or Plumber. GES will invoice the Buyer for the full cost and it will be a matter for the Buyer to resolve repayment with the appropriate Contractor
43 Installation by GES includes the placing and fixing of the heat pipes into the installation/concrete/reinforcement/timber sub-floor, the placing of the manifolds and the connecting of pipes to the manifold and the filling and pressurizing of the system
44 Installation by GES excludes supplying and installing of insulation, reinforcement mesh or joiner/builder work, the pipe work for flow and return connections from manifold to heat source and to all electrical work

WARRANTIES AND GUARANTEES
45 GES provides a 10 (ten) year system guarantee warranty in writing from the date of delivery on the quality of the piping and manifold systems. Pumps and controls are covered by individual Manufacturers Guarantees
46 GES agrees to reimburse all costs and damages which are a direct consequence of a production error to the pipes or the accessories provided by GES
47 Following the first 10 (ten) years of Guarantee GES will guarantee the pipe for a further 40 (forty) years and in this instance the liability of GES shall be limited to supplying the replacement pipe free of charge
These conditions do not supersede Statutory Rights under the Sale of Goods Legislation but are designed to clarify the principles and procedures by which GES Limited operates