Terms and conditions

1. GENERAL

1. AJW Development Ltd T/A Chichester Stove Centre (Registered Company Number 06399712) is the ‘Company’ and the purchaser is the ‘Customer’. Any documentation for proposed goods or services is the ‘quotation’
2. These conditions (together with the terms, if any, set out in the quotation) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Non-stock goods ordered for the Customer are sourced by the Company for the Customer and the Company insists that there can be no right for the Customer to cancel or withdraw after materials have been partially or fully paid for.
4. Refunds for cancelled orders are subject to 25% of the retail price for handling and restocking of unused parts and materials. No refunds are available for unpacked, used or ‘special order’ stoves. 
5. The Company enters into quotations with the Customer solely on these terms and conditions, and no representation or warranty, collateral or otherwise, shall bind the Company and no statement made by any Representative of the Company shall vary these conditions unless printed and signed by the Company. In accepting opinions, publications, estimates, goods or services from the Company, Customers accept that all such are controlled by these Terms & Conditions.
6. Any contract for goods or services, is entered into by the Company on the basis of its Representative’s assessment and the agreed documentation of the Customer's requirements in an estimate.
7. Any contract is conditional upon inspection by the Company. If considered unfeasible or unsafe to carry out the works on the terms specified, the Company will notify the Customer and return any Customer's deposit; whereupon the contract shall be null and void and neither party shall be under any liability. The pre-defined visit fees will not be refunded. Provision of any estimate implies no future by the Company commitment to install a stove or to undertake associated works.

2. ESTIMATES AND QUOTATIONS

1. Estimates and quotations are open for acceptance for three months during and after which the Company reserves the right to modify or withdraw the same. 
2. Provision of a quotation does not commit the Company to supplying goods or providing services to the Customer. 
3. Quotations are offered for guidance for the Customer and the Company’s Representatives. Estimates and quotations must not be shown/copied to other suppliers without the express written permission of the company.
4. Estimates and quotes may summarise situations and omit issues that are unknown at the time of the quotation and so must not be taken as fully definitive of the work necessary or of the total chargeable costs.
5. Estimates/quotations will specifically include the known and priced tasks to be undertaken by the Company. Anything not expressly included in the quotation must therefore be considered “Extras”.
6. Variations to the estimate/quotation determined by the Company or requested by the Customer will result in written amendments being presented for Customer authorisation – some may be unavoidable once work commences.
7. Any new or changed legislation arising after a quotation and affecting legal completion of an installation shall be considered “Extras” e.g. VAT rates, Air-vents & Carbon Monoxide alarm regulations.
8. The Customer is solely responsible for ensuring compliance with planning or Listed Building Regulations, and for confirming such compliance to the Company in writing. No responsibility for Customers’ failure attaches to the Company.
9. The Customer in receiving these Terms & Conditions accepts any and all legal and financial ramifications resultant from Customer’s failure to comply with any and all applicable local authority regulations and sign-off requirements.    
10. For Customers’ information, the Company’s HETAS Registration reference is #5359 and the Company’s HETAS engineers are trained, certificated, and registered with HETAS.

3. PAYMENTS

1. The quoted charges for installation plus any extras arising during installation, to be paid in full when installation is complete and invoiced.
2. Any levies or variations in taxation imposed by the Government or any other authorities after the quotation but prior to installation will be added to the final invoice.
3. Where an installation proceeds by stages, full payment is due on request by the Company at the completion of each stage as defined in the quotation.
4. The presence of any alleged defect does not constitute a reason for withholding any payment. Any costs of pursuit of the Customer incurred by the Company for outstanding payments may be charged.
5. The Company will seek to agree to and/or rectify any potential issues with the Customer post--installation, only provided that all payments due to date have been made to the Company.
6. If payment is not made on the due date, the Company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 8% above the base rate from time to time of The Bank of England from the due date until the outstanding amount is paid in full.  An administration charge will also be applied.

4. PERFORMANCE

The Customer

1. Agrees to give free and unrestricted access at reasonable times to the Company's Representatives to carry out necessary surveys and works relating to the installation. Unless the Customer notifies the Company in writing at the date of order that he requires delivery or installation after a certain date and the Company accepts, the Customer is obliged to give access to the Company, or accept delivery within 28 days of the agreed fitting date. In the event of such access not being given, then at the entire discretion of the Company, the Company may treat the contract as at an end upon the Customer's breach, and seek to recover damages that may amount to the full quoted price plus legal expenses.
2. If problems of a structural nature become apparent, which were not be foreseen by the company's representatives, then the company shall have the right to call in suitably qualified professionals to advise on the problem and report in writing with recommendations; such recommendations to be implemented by the Company or by other suppliers to the Customer and solely at the Customer's expense, as soon as possible, to enable the Company to proceed safely with its work.

The Company

1. undertakes to use its best endeavours to adhere to any delivery period discussed with the Customer, but time shall not be of the essence of any contract and the Company shall not be liable in respect of any delay in installation caused by reasons beyond the Company's control; nor for any consequential loss, resulting there-from. If work is not completed within the delivery period stated in the contract, the Customer may serve notice on the Company in writing, requiring that the work be completed within such an extended period as the Customer may specify: in general, the Company would accept 28 days as being reasonable, with the proviso that the quotation may be varied by the Company.

Other Suppliers

1. The quotation may outline tasks to be undertaken other than by the Company. These may include but not exclusively, asbestos related works, gas, oil, plumbing, plastering, electrical, survey, structural and other construction works.
2. The Company shall be in no way held responsible for the thoughts, words, deeds or omissions of other equipment or materials’ suppliers, or other services’ suppliers.

5. MATERIALS

1. All materials supplied and/or fitted by the Company will comply with HETAS recommendations & BS/EN specifications, being of good quality and suitable for use under those recommendations.
2. Minor blemishes & imperfections in goods and materials that do not impede performance or safety are in the nature of stoves & chimney parts and are not covered by any warranty. This does not affect your statutory rights.
3. Despite the Company’s best endeavours installations may not be aesthetically perfect due to peculiarities and dimensions in fireplaces, stoves, chimneys, hearth and building design, construction and associated defects.
4. The Customer accepts that unavoidable compromises may be necessary during installation placing Building Regulations and HETAS standards above minor aesthetic considerations. 
5. Until full payment has been made to the Company, all materials shall remain the property of the Company.

6. REGULATIONS

1. All materials supplied by the Company will comply with HETAS & Building Regulations. installations will comply with HETAS & Building Regulations, cosmetic considerations excluded.
2. HETAS Certificates of Compliance with Building Regulations will only be issued once full payment has been received by the Company. The Company may not and will not sign off works other than its own.
3. When the Company detects faulty or illegal installations that cannot be remedied immediately, the Customer will be asked to sign an acknowledgement document that the faults have been notified to the Customer.
4. The Company may with a Customer’s approval mark defective installations with a WARNING label but will always record the defects in a HETAS WARNING form, and issue an initial estimate for rectifications works seen as necessary.

7. WARRANTY

1. Warranty exclusions apply to service-replaceable stove and flue parts including (but not limited to) door and glass seals, glass, grates, fuel retention bars, ash-cans, register plates, sweeping accesses and seals, stove linings, dampers, closing plates, flue outlets, baffles, tools, door seals and door latches and to any part of the stove or chimney damaged by excess heat, chimney-fires, abuse, misuse, water-damage or adverse weather. Please see the manufacturer’s warranty for further details.
2. The Company’s workmanship warranty is 12 months from installation date.
3. Interference with or modification to the installation if undertaken by other persons, including damage due to accident or misuse and faults or premature deterioration resulting from misuse or abuse or the use of inappropriate & damp fuels invalidates any warranty on stoves & chimneys. The Company may at its sole discretion decline to service or repair stoves & chimneys so-disturbed, or to make significant extra charges for rectification and/or replacement.
4. Customers’ failure to correctly use and maintain stoves and installations are excluded from most manufacturer’s warranties. The Company may increase the charges for service calls of this nature or may refuse to rectify such related issues.
5. The Company will assist Customers attempting redress from manufacturers for rectification charges, but those charges remain due to the Company on demand and are payable by the Customer to the Company regardless of outcomes.
6. Warranty facilities offered by the Company apply only to the original customer and are neither extendable nor transferable to any other party under any circumstances.

8. ACCEPTANCE AND CANCELLATION

1. The Terms & Conditions shall not be construed so as to unfairly limit the statutory rights of Customers whose acceptance of a quotation implies full acceptance of these Terms & Conditions
2. If a contract is cancelled by the Customer, then at the discretion of the Company upon the Customer's breach, the Company may seek to recover reasonable damages as a penalty.
3. If the Company, at the Company’s sole decision, cannot complete an installation due to building structure issues, then any pre-payments will be refunded to the Customer in full.
4. These Terms & Conditions shall not be construed to affect the statutory or common law rights of the Customer or the Company.
5. Submission of an estimate, quotation or a survey to a Customer by the Company in no way expresses or implies commitment that the Company will ever agree to undertake the work.