Terms of sale and guarantee

1. Who we are

World Heat Cylinders is a trading name of World Heat Ltd. Registered in England & Wales, company number 06744323. Registered office: Unit 4, Tudor Industrial Estate, Ashton Street, Dukinfield, Cheshire, SK16 4RN. VAT registration number 976 2483 78. ICO registration number: ZC254273.

Head office: Tudor House / Unit 4, Tudor Industrial Estate, Ashton Street, Dukinfield, Cheshire, SK16 4RN. Telephone 0161 343 8610, email sales@whcylinders.co.uk.

In these terms “we”, “us” and “our” mean World Heat Ltd.

2. Basis of contract

These terms apply to every sale of goods by us to a trade customer (“you”, the purchaser). They apply instead of any terms you put forward, including terms on your order or other paperwork.

Our quotation is an invitation to you to place an order; it is not an offer. A quotation is valid for 30 days from its date unless it says otherwise.

Your order is an offer to buy the goods on these terms. A contract is formed when we send you a written order acknowledgement or when we dispatch the goods, whichever happens first.

These terms, with our order acknowledgement, are the whole agreement between us. A change to them only applies if it is in writing and signed by one of our Directors.

Commercial vessels over 500 litres

Orders for commercial vessels over 500 litres are also subject to our commercial vessel terms. Where those terms and these conflict, the commercial vessel terms apply. In summary:

• if you order more than 30 days after the date of our quotation, we may review the price;
• delivery is to a site in the UK and does not include offloading;
• we do not accept liquidated damages for late delivery;
• claims for damage in transit or non-delivery must reach us in writing within 3 days of despatch;
• commercial vessels have a 12 month guarantee against faulty workmanship or materials;
• risk and ownership pass as set out under Risk and retention of title below;
• neither of us is liable for delay or failure caused by events outside our reasonable control (force majeure).

3. Price

Our prices are held for three months after we accept your order. After that we may change them.

If material prices move sharply, we may change our prices by giving you at least four weeks’ notice.

You may only cancel or change an order with our written agreement. We may charge you our reasonable costs of doing so.

Prices do not include VAT. VAT is added at the rate in force on the date of the invoice.

4. Specification

We supply goods to the specification you submit to us or, where there is none, as described in our current printed literature.

We may make changes to the construction or design of our products.

Dimensions in our literature and quotations are for estimating only. Please check that the specification suits your needs before you order.

5. Payment

• Payment is due 30 days from the end of the month of the invoice.
• A settlement discount only applies if we receive payment in full on or before the due date, and not on goods sold at a special net price.
• We may charge interest on late payments at 3% a year above the bank base rate in force at the time, plus any increase under a material price supplement that applies to the order.
• You must pay in full without any deduction, set-off or counterclaim.
• We may suspend deliveries while any sum you owe us is overdue.
• Each delivery is invoiced separately.

6. Time

Delivery dates are our best estimate and time is not of the essence. They are based on the workload in our factory at the time.

The delivery period starts when we have your full working details and your final approval of any drawings.

7. Delivery

Delivery by our own vehicles is free within 25 miles of our manufacturing depots. Further afield we charge the delivery charge we quote. Any delivery time we give is an estimate, not a guarantee.

We may deliver an order in more than one consignment.

If you do not take delivery when the goods are ready, we may store them at your risk and expense and ask you to pay for them.

We load the goods at our premises. Unloading, offloading and positioning on site are your responsibility.

8. Shortages or damage

Please inspect the goods before you sign the delivery note. Write any damage or shortage on the delivery note and tell us in writing straight away.

9. Returns

Goods may only be returned with our written permission given in advance. Returns are subject to handling, restocking and transport charges.

10. Guarantee and liability

Our headline guarantee: 25 year guarantee on stainless steel unvented cylinders up to 300 litres, subject to annual servicing. Each kind of product is guaranteed from the date of delivery, as follows:

Conditions of the guarantee

The guarantee only applies if:

• the product is installed by a competent installer, following our instructions and the relevant regulations;
• you tell us about the complaint before anyone attempts a repair;
• the factory-fitted temperature and pressure relief valve has not been removed or altered;
• all inlet controls and safety valves are correctly fitted;
• it is used only with potable mains water that meets the UK drinking water regulations, with chloride no more than 200 mg/l, sulphate no more than 200 mg/l and the two combined no more than 300 mg/l (private water supplies are not covered);
• it is serviced and maintained as our instructions say, with the service record completed;
• the primary circuit is protected with inhibitor, checked every year;
• if it is not in regular use, it is flushed: flush for 15 minutes, and run a hot tap at least once a week;
• any disinfection is carried out in line with BS 6700 or the standard that replaces it;
• it has not been damaged by frost or misused.

Corrosion, including galvanic corrosion, and scale are not covered.

We may carry out a repair at our premises. We do not pay labour costs for replacing a unit or parts.

Chlorination and chemical cleaning

When a system is chlorinated or chemically cleaned, bypass the vessel. Flush, drain and jet wash it, and only use chemicals that are not corrosive to stainless steel or mild steel. A failure caused by chemicals is not covered.

If a product fails

• The cylinder must be returned to us for inspection.
• If we confirm a failure, we issue a credit in line with the guarantee.
• We will need evidence of installation by a competent installer, of commissioning and of annual servicing.

Our liability

• We accept liability for death or personal injury caused by our negligence.
• We accept liability for direct physical damage to property caused by our negligence.
• Otherwise, our total liability is limited to the value of the goods concerned.
• We are not liable for loss of profit, revenue or goodwill, or for any indirect or consequential loss.
• No claim can be brought more than one year after the date of the invoice, except for death or personal injury.
• We are not liable for water damage from leaks. You must test and check all the work after installation and commissioning.
• Nothing in these terms takes away any right you have that cannot lawfully be excluded or limited.

Any technical advice we give free of charge is given in good faith but without warranty.

11. Indemnity

You will indemnify us against claims by third parties caused by your failure to install or check the goods correctly, except where the claim is caused by our own negligence.

12. Risk and retention of title

• Risk in the goods passes to you on delivery, and you should insure them from then.
• Ownership (title) of the goods passes to you only when we have been paid in full.
• Until then, you must store the goods separately and so that they can be identified as ours.
• You may resell them in the normal course of your business, but you hold the proceeds for us.
• If you do not pay, or become insolvent, we may recover the goods.
• Goods that have been fixed to a building or system stay ours until they are paid for.

13. Non-payment and termination

We may stop deliveries and end the contract if you do not pay on time, if you commit a material breach and do not put it right within 14 days of our asking you to, or if you become insolvent. Everything you owe us then becomes payable immediately.

14. Trade sales only

We deal only with business customers, not consumers. Anyone who buys from us is taken to confirm that they are not buying as a consumer.

We sell through installers and merchants. Homeowners should buy our products through an installer or merchant.

15. Product development

We may modify our products from time to time.

16. Governing law

These terms are governed by English law and the courts of England and Wales have jurisdiction. For goods delivered in Scotland, Scottish law applies and the Scottish courts have jurisdiction.