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TERMS AND CONDITIONS
Gledhill
(Building Products)
Ltd
AMD. APRIL 2018
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
Standard delivery is free of charge on normal lead times to mainland UK. 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. The water quality
shall be in accordance with European Council Directive 98/83 EC, or revised version at the date of installation,
and is not fed with water from a private supply. Particular:
Chloride content:
Max. 200 mg/l
Sulphate content:
Max. 200 mg/l
Combination chloride/sulphate:
Max. 300 mg/l (in total)
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.
9.2.9. If the newly fitted water heater is not in regular use then it must be flushed through with fresh water for at least
15 minutes. Open at least one hot water tap once per week, during a period of at least 4 weeks.
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 storage vessel is guaranteed for ten years and if it proves to be defective either in materials or workmanship,
we reserve the right to either repair or supply replacement at our option with the closest substitute in the case
of any obsolete product to any address in England, Wales and Scotland (excluding all Scottish Islands).
(b) Domestic Mains Fed Products [Primary Stores]
The 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 replacement at our option with the closest substitute in the case of any obsolete product to any address
in England, Wales and Scotland (excluding all Scottish Islands).
(c) 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 against material defect or
manufacturing faults 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 supplied from the public mains, max
200mg/litre chloride.
(iv) It has not been subjected to frost damage.
(v) The benchmark service record 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 replacement at our
option with the closest substitute in the case of any
obsolete product to any address in England, Wales and
Scotland (excluding all Scottish Islands).
ACTION IN THE EVENT OF FAILURE
We will require the return of a cylinder which develops
a leak for inspection. If our examination confirms a
failure then an appropriate level of credit against the
cost of the original cylinder will be issued in line with
the terms of our warranty.
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.
(c) Our total liability to the purchaser over and above
any liability to replace under the Guarantees
(whether in contract or in tort including
negligence) in respect of any one cause of loss or
damage claimed to result from any breach of our
obligations hereunder, shall be limited to actual
money damages which shall not exceed £20,000
provided that such monetary limit shall not apply
to any liability on the part of ourselves referred to
in paragraph (a) above
(d) Except as provided in paragraph (a) above but
otherwise not withstanding any provision herein
contained in no event shall we be liable for the
following loss or damage howsoever caused and
even if foreseeable by us or in our contemplation:-
(i) economic loss which shall include loss
of profits, business revenue, goodwill or
anticipated savings
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