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Direct Stove Spares

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Terms and Conditions of Business

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1. Definitions

In these Conditions, the following terms shall have the meanings set out below:

Company means Direct Stove Spares.
Customer means the person, firm, or business purchasing Goods from the Company.
Goods means any goods and or services supplied by the Company under a Contract.
Contract means any agreement between the Company and the Customer for the sale of Goods.

2. Application of Conditions

2.1 These Conditions apply to all Contracts for the sale of Goods by the Company to the Customer.
2.2 Any terms or conditions proposed by the Customer that conflict with these Conditions shall not apply unless expressly agreed in writing and signed by a director of the Company.
2.3 No variation of these Conditions shall be binding unless agreed in writing by the Company.

3. Orders and Contract Formation

3.1 An order placed by the Customer, whether orally or in writing, constitutes an offer.
3.2 A Contract shall only be formed when the Company accepts the order.
3.3 The Company accepts orders strictly subject to these Conditions.

4. Delivery and Dispatch

4.1 Any delivery or dispatch dates quoted are estimates only and shall not be binding.
4.2 The Company shall not be liable for any delay in delivery or for any loss arising from late delivery.
4.3 Timed deliveries cannot be guaranteed.
4.4 If the Company is unable to supply Goods after accepting an order, liability shall be limited to refund of any sums paid.

5. Prices

5.1 Prices charged shall be those ruling at the date of invoice or quotation.
5.2 The Company reserves the right to amend prices without prior notice.
5.3 Clerical or typographical errors are subject to correction.
5.4 Additional costs arising from special instructions, specification changes, bespoke manufacture, or Customer errors shall be borne by the Customer.

6. Bespoke and Special Orders

6.1 The Company reserves the right to request a deposit for bespoke or non-stock items.
6.2 Goods manufactured or sourced to the Customer’s specific requirements are non-returnable.

7. Carriage

7.1 Carriage charges may vary by location and are subject to change.
7.2 Customers should confirm current delivery charges at the time of order.

8. VAT

VAT shall be charged at the rate applicable at the time of supply.

9. Payment Terms

9.1 Account customers: payment is due by the last day of the month following delivery unless otherwise agreed.
9.2 Overdue accounts: the Company reserves the right to suspend deliveries and pursue recovery without notice.
9.3 Cash on Delivery (COD): payment must be made on delivery by cash or cheque.
9.4 If COD payment is not received within seven days, the account may be suspended.
9.5 The Company reserves the right to charge an administration fee of £20 and interest at 8% per annum on overdue balances.

10. Shortages and Non-Delivery

10.1 Shortages must be reported within 48 hours of delivery.
10.2 Non-delivery must be reported within 24 hours of the quoted delivery date.

11. Inspection and Claims

11.1 The Customer must inspect Goods on delivery.
11.2 Any discrepancies, damage, or defects must be reported within 48 hours with photographic evidence.
11.3 Delivery notes must be signed as “damaged” where inspection is not possible at the time of delivery.
11.4 Damaged Goods and packaging must be retained for inspection.

12. Faulty Goods

12.1 Faulty Goods may be replaced pending inspection.
12.2 If Goods are found not to be faulty, replacement costs will be charged to the Customer.

13. Returns

13.1 Special order, bespoke, non-stock, customised, or made-to-measure Goods are non-returnable.
13.2 Incorrectly ordered Goods may be subject to handling charges and loss of profit.
13.3 Goods returned damaged or unsaleable may be rejected or partially refunded.
13.4 Goods will not be collected without prior agreement and a collection note.

14. Title and Risk

14.1 Title in the Goods remains with the Company until paid for in full.
14.2 Risk passes to the Customer upon delivery.
14.3 The Company reserves the right to repossess unpaid Goods.

15. Termination

15.1 The Company may terminate or suspend Contracts if:

• payment is overdue

• delivery is refused

• the Customer’s creditworthiness is in doubt

• the Customer becomes insolvent or enters administration
  15.2 Upon termination, all outstanding sums become immediately payable.

16. Limitation of Liability

16.1 Liability is limited to repair, replacement, or refund of the Goods.
16.2 The Company shall not be liable for consequential or indirect loss.
16.3 Nothing excludes liability for death or personal injury caused by negligence.

17. Manufacturer Warranties

Where Goods are not manufactured by the Company, the Customer shall receive the benefit of any manufacturer warranty where applicable.

18. Indemnity

The Customer shall indemnify the Company against all claims arising from misuse, incorrect installation, or onward supply of the Goods.

19. Force Majeure

The Company shall not be liable for delays caused by events beyond its reasonable control, including war, strikes, fire, pandemics, or material shortages.

20. Waiver

No waiver shall constitute a waiver of any subsequent breach.

21. Severance

If any provision is found unenforceable, the remaining provisions shall remain in force.

22. Governing Law

These Conditions shall be governed by English law and subject to the exclusive jurisdiction of the English courts.

23. Copy Invoices

Copy invoices older than 90 days may be subject to a £1.00 per page administration charge.

Schedule 1 – Vermiculite Fire Bricks and Consumables

1. Vermiculite fire bricks and consumable components are not covered by warranty once installed.

2. These products are manufactured using 750-density fireboard supplied by Dupre Minerals.

3. Cracking may occur due to excessive heat, impact, or fuel contact and does not constitute a defect.

4. No liability is accepted for vermiculite or clay bricks once installed.

General Notice

All information is correct at the time of publication. Prices and specifications may change without notice. Errors and omissions excepted.

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