Minster Stoves & Heating
Terms & Conditions – Installation and Services Agreement

Please read this document carefully, as it will tell you everything you need to know about our interactions when we carry out installations, repairs, and/or service work in your home, property, or premises (hereinafter referred to as “Property”).

Since we can accept your order and enter into a legally binding agreement without further reference to you, you must review these terms and conditions to ensure that they contain exactly what you want and nothing that you find unacceptable.

If you are unsure about anything, please call us at (Office) 01568 620604, (Chris) 07887 990056, or (Len) 07887 487891 BEFORE you accept the quotation/estimate or instruct us to proceed with work on your behalf.

We reserve the right to modify the Terms and Conditions (“Contract” or “Agreement”) under which the Goods, Services, and Website are provided. Any such change in the Terms and Conditions will be effective for all new orders once incorporated into the text of these Terms and Conditions and published on the Website (www.minster-stoves.co.uk). You should periodically review the ‘Terms and Conditions’ posted on the Website to ensure that you understand and comply with the current version.

  1. These Terms and Conditions apply to the provision of the services and/or goods detailed in our (Quotation) or by verbal request for a ‘call-out’ (“Services”) by Minster Stoves & Heating, located at Unit 2, 103 Southern Avenue, Leominster, Herefordshire, HR6 0QF, with the email address chris@minster-stoves.co.uk and telephone number 01568 620604 (“we,” “us,” “our,” or “Supplier”) to the person buying the services (“you,” “your,” or “Customer”).
  2. You are deemed to have ACCEPTED these Terms and Conditions when you accept our Quotation by PAYMENT OF A DEPOSIT (the full details of which are set out in the Quotation), OR from the time and date of any performance of the Services (whichever occurs first). These Terms and Conditions, together with our Quotation, constitute the entire agreement between us (the “Contract”).
  3. You acknowledge that you have not relied on any statement, promise, or representation made or given by us or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you attempt to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
INTERPRETATION
  1. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
  1. Except where the context otherwise requires, words importing the masculine gender shall include the feminine, words importing the singular number shall include the plural, and words importing natural persons shall include corporate entities, and vice versa.
  2. References to any statutory provision, authority, rule, or code of practice shall be deemed to include their amended versions, replacements, or successors.
RELATIONSHIP BETWEEN THE PARTIES
  1. The Customer engages the Supplier to provide the services specified in the Quotation or by verbal request for carrying out repairs or maintenance at their property.
  2. No term of this agreement, nor any course of dealings between the parties, shall operate to make the Supplier an employee or an agent of the Customer.
  3. We may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms and Conditions and may subcontract or delegate in any manner any or all of our obligations to any third party.
THE QUOTATION
  1. The Supplier shall provide the Customer with a proposal for the services to be provided (“the Quotation”), which shall set out:
  1. The main services, goods, and materials which the Supplier will provide to the Customer. This will not be a comprehensive itemised list due to time constraints.
  2. The costs which the Customer shall be charged for the performance of the services, including:
  1. Any fees that the Supplier will charge;
  2. Any disbursements or expenses which the Supplier will require the Customer to meet (including but not limited to the costs of materials, appliances, goods, or equipment hire);
  3. Any VAT or tax element that will be payable by the Customer.
CALL OUT TO CUSTOMER’S PROPERTY
  1. Where a Customer has requested our attendance at their property for repairs to boilers, stoves, flues, fires, pipes/plumbing, or water leaks, we will endeavor to carry out the repair at the time of attendance, subject to having the required materials available. If this is not possible, we will return to carry out the repair after attempting to provide a temporary solution to the issue and/or giving advice.
  2. The visit will incur charges at the pre-agreed rate, regardless of whether the repair can be conducted during the visit. The fee must be settled at the time of the appointment or, in certain cases, in advance. An invoice/receipt will be generated and sent to the Customer post-visit. Reasons for non-repair during the initial visit may include, but are not limited to, the need for parts/materials, inaccurate issue description by the Customer, and other faults discovered during inspection that would make an on-the-spot repair impractical or not cost-effective for the customer.
  3. If Minster Stoves & Heating cannot undertake the repair during the first visit due to necessary parts/materials not being available, a quotation for the works will be prepared. This quotation will be discounted by the call-out fee charged at the first visit.
  4. Our call-out charge covers up to 60 minutes of work at your property—an additional charge for parts will apply if necessary. If a fault/issue is deemed more complex than anticipated or not cost-effective for you, the customer, we reserve the right not to proceed with the repair. Instead, we will provide a written quotation for the remedial work to be undertaken at a later date.
  5. If we are unable to complete a repair due to unrepairable damage to additional parts, and you decline our quote for necessary repairs or total replacement of affected parts, our non-refundable call-out charge will be invoiced to you.
SERVICES
  1. The Services and Goods are described as outlined on our website, in catalogues, brochures, or other forms of advertising are for illustrative purposes only, and there may be minor variations in the size or colour of any supplied Goods.
  2. When Services and Goods are made to your special requirements, it is your responsibility to ensure that any information or specifications you provide are accurate.
  3. We can make changes to the Services that are necessary to comply with any applicable law or safety requirement and will notify you of these changes.
  4. We warrant that we will use reasonable care and skill in performing the Services, which will comply with the quotation, including all material aspects of any specification.
  5. During the implementation of the planned works, it may be required to isolate different water, gas, and electrical services. Advance notice will be provided (as circumstances permit), and the duration of isolation will be minimised.
  6. When a site is exposed during installation and it becomes evident that more work is needed to complete the installation than initially anticipated based on the non-intrusive visual inspection, this additional work will be considered a variation to the contract.
  7. Work at height must be planned, supervised, and carried out by competent individuals in accordance with the Work at Height Regulations 2005.Wherever possible, we will use ladders for working at height to keep our charges reasonable. Please note that the hire charges for an Access Lift (often referred to as a “cherry picker”) or for scaffolding are not included in our quotation unless otherwise stated. Factors such as floor or surface conditions, overhead obstacles, the structural integrity of roofs or chimney stacks, and adverse weather conditions (rain, ice, snow) or unforeseen situations may necessitate a change in our approach. If it is decided by us that a “cherry picker” or scaffolding is required, the decision is final, and the Customer is responsible for the hire fee, which will be added to the final invoice.
  8. All of these Terms and Conditions apply to the supply of both Goods and Services unless indicated otherwise by us.
CORRECTIONS
  1. Please note that the information in a Quotation may contain typographical errors, inaccuracies, omissions or pricing errors due to human error. We reserve the right to rectify any errors, inaccuracies, or omissions and to update the information in the Quotation at any time without prior notice. In the case of pricing errors, a revised Quotation will be issued to the Customer. At this point, either party may terminate the Agreement in accordance with the terms outlined under “Withdrawal and Cancellation,” or the Customer can choose to accept the revised Quotation and the price adjustment will be reflected in the final invoice.
BASIS OF SALE
  1. Our quotation is valid for one calendar month from the date of issue and is based on the criteria listed below:
  1. A non-intrusive visual inspection at the premises and/or details supplied by the Customer.
  2. The prices of goods, materials, transport costs, wages, labour rates, expenses, and applicable taxes that are prevailing at the date of the quotation.
  3. The work is to be carried out during normal working hours, Monday to Friday, and at other times as we may determine at our discretion.
  4. In the event of any future adjustments to these prices, costs, labor rates, or working hours, either during or prior to the execution of the Contract, we retain the right to modify the Contract price to accommodate the impact of such changes in a reasonable manner.
  5. Any additional work requested by the Customer that is not specified in writing within the quotation will be carried out only after a new agreement is entered into with the Supplier.
  1. We intend for these Terms and Conditions to apply only to a Contract entered into by you as a Consumer. If this is not the case, you must inform us so that we can provide you with an alternative contract with terms that are more suitable for your circumstances and that might be more advantageous to you.
  1. These terms are applicable when the Supplier and the Customer enter into the Contract at the Supplier’s business premises, and the Contract does not meet the following conditions: (i) the Customer has made an offer in the simultaneous physical presence of both the Supplier and the Customer away from those premises, or (ii) entered into immediately after the Customer was personally and individually addressed by the Supplier in their joint presence away from those premises.

“Business premises” means immovable retail premises where we conduct business on a permanent basis; OR

  1. If you entered into the Contract via telephone, the internet, by mail order, or at your home or workplace, this is considered an off-premises contract.
  1. If you entered into the Contract at our Business premises, clause 24 a) above applies.
  2. If you entered into the Contract through other means, it is classified as a “Distance Contract,” which has different cancellation rights (see WITHDRAWAL AND CANCELLATION section). However, these Cancellation Rights do not apply to a contract for the following goods and services, under the following circumstances:
  1. Contracts in which you have specifically asked us to carry out urgent repairs or maintenance upon your request. This does not include contracts for (a) additional services beyond the initially requested repairs or maintenance, or (b) products other than replacement parts essential to the repairs or maintenance, if we provide those services or products during the visit.
  2. Goods that are made to your specifications or are clearly personalised.
  1. The description of the Services and any Goods in our website, catalogues, brochures, or other forms of advertisement does not constitute a contractual offer to sell the Services or Goods.
  2. When an Order has been submitted, we can reject it for any reason. However, we will endeavour to inform you of the reason without undue delay.
  3. Any variation of the Contract, whether regarding the description of the Services, Fees, or otherwise, can only be made after it has been entered into if the variation is agreed upon by both the Customer and Supplier in writing, with the exception of errors and omissions covered under section 22 “CORRECTIONS.”
THE SERVICES AND GOODS, TIME AND MANNER OF THEIR DELIVERY
  1. The Supplier will provide the Customer with such services and/or goods as set out in the Quotation.
  2. The services and/or goods will be supplied to the Customer within the timeframe verbally agreed upon – see below.
  3. Timeframes and dates for the delivery of services are provided for guidance purposes only, and the Supplier does not guarantee that the services will be delivered within the specified period. For the purposes of this agreement, time shall not be of the essence, and the Supplier shall not be held liable for any loss or damage suffered by the Customer as a result of delayed or postponed delivery of services for any reason.In the case of Goods alone, if no agreed date is specified, they will be supplied without undue delay and in any event, within 30 calendar days from the day on which the contract is entered into.
  4. The duration of the specified work will not impact the quoted price. Should we complete the work more quickly than initially indicated, no refund on the agreed price will be issued. Likewise, if the project takes longer than expected subject to no alterations or changes to the specified work, there will be no increase in price.
CUSTOMER’S OBLIGATIONS
  1. The Customer shall be responsible for the accuracy of all measurements for products or materials provided to the Supplier. If these measurements are incorrect and result in materials or products of the wrong sizes being ordered or supplied by the Supplier, the Customer shall bear the expense of rectification.
  2. Please be aware that if, at the time of installation, the materials, appliances, and equipment supplied by the Customer are found to be damaged or have missing parts, causing a delay in installation, Minster Stoves & Heating reserves the right to charge additional labour costs to return to the property to complete the installation at a later date (once the Customer has obtained replacement items from their supplier).
  3. The Customer shall cooperate with the Supplier as necessary to facilitate this agreement, including but not limited to:
  1. Permitting the Supplier access to the property or location where the services are to be supplied (“the Site”) and ensuring that such access is appropriate and sufficient.
  2. Prior to starting work, it is essential to ensure that your premises have a sufficient supply of water, electricity, and/or gas, if applicable. Should we need to revisit the property on a later date due to a lack of water, electricity, or gas on the scheduled installation day, Minster Stoves & Heating reserves the right to levy a “call-out” fee for the initial unsuccessful visit. This fee will align with our current “call-out” rate and will be included in the final invoice.
  3. Please ensure that the Supplier is notified of any parking issues at or near your property and that parking permits are secured as needed.
  4. if you are a tenant, before commencing work, as a tenant, you must obtain your landlord’s consent, and we may request verification of this consent. Should work be carried out on the landlord’s premises without permission, or if you furnish us with incorrect information, you are liable to indemnify us for any resulting losses.
  5. If your property is designated as a listed building, it is your responsibility to ensure that you obtain any required permissions before we commence work. We will need verifiable evidence from you demonstrating that these permissions have been secured.
  6. You are required to secure all required consents, licenses, authorisations, and permissions. Please note that this quotation does not cover Building Regulations and Town and Country Planning Acts. You are responsible for indemnifying Minster Stoves & Heating against any losses, costs, or consequences resulting from the failure to obtain such authorisations.
  7. VAT is applicable to all quotes and invoices at the current standard rate. If the services quoted are linked to new construction, disabilities, or any other services that qualify for VAT relief or exemption, you are required to furnish proof of the exemption/relief in order for us to apply the accurate VAT rate to the project.
  8. You are required to adhere to the Supplier’s reasonable safety instructions and guidance pertaining to the recently completed or ongoing work, or to the overall condition of the Site, encompassing appropriate usage, care, and maintenance.
  9. Householders or their representatives must ensure that dogs and cats are adequately controlled and closely supervised at all times. It is preferable for the dog(s) and/or cat(s) to be confined to a separate room or area away from the work space for the well-being of both the animals and our operatives. Even the most well-behaved dogs can become stressed by the presence of unfamiliar people and the disruption caused by ongoing work. Minster Stoves & Heating does not assume responsibility for any injury, loss, or escape of dogs/cats (or other pets) on the premises.Regarding incidents of biting: We prioritise the safety of our staff, and any such incidents will be promptly reported to the police and local authorities.
  10. Our quoted price covers the removal and disposal of existing boilers, stoves, pipework, fittings, etc. However, it does not cover the cost of removing any hazardous waste materials, such as asbestos, that were not reasonably identifiable at the time of the quote.Should you require Minster Stoves & Heating to handle the removal of all other non-hazardous waste, an additional charge for skip hire will apply, as this service is not included in the quoted price.As a means of minimising costs for our customers, our standard practice involves bagging waste in heavy-duty rubble bags and leaving them at the customer’s premises for their disposal.
  1. Before installing a liner in your chimney for chimney-related work, it is essential to have it swept by a professional chimney sweep. This will ensure the removal of soot and tar deposits, any bird nests, and an assessment of structural soundness. If a chimney sweep NOT recommended by Minster Stoves & Heating is used and issues with the chimney are subsequently discovered, such as blockages, damage, or safety concerns, Minster Stoves & Heating reserves the right to charge the customer additional labour fees for returning to the property at a later date to address the required remedial action. It is important to note that Minster Stoves & Heating does not accept liability for any damage to chimneys, chimney structures, or adjacent roofing materials during the installation of a chimney liner.
  2. We may require the lifting of carpets/floor coverings, furniture moved, or clearing a work area/emptying cupboards in order to complete the work. We will provide as much advance notice as possible if such assistance is needed. If you request us to perform these tasks, an additional charge may apply. Should we undertake this work, we will only be accountable for any unnecessary damage resulting directly from our negligence. It will be your responsibility to reposition the carpets/flooring and the contents of cupboards upon completion of the work.
  3. Where we store or keep any materials or equipment on site, the customer shall be responsible for the security and safety of such and shall account to the supplier for any loss or damage.
SUPPLIER’S OBLIGATIONS
  1. The Supplier shall perform all duties, services, and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
  2. The Supplier shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him to self-certify the compliance of the services provided with the relevant building regulations or, alternatively, if he is not so accredited, then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
  3. All installations and/or services requiring Building Regulation Certificates will be registered with the appropriate authority. In the case of gas installations, this will be with “Gas Safe” (Our Registration Number is: 3 0 3 6 3 4). For solid fuel installations, this will be with “HETAS” (Our Registration Number is: 4 7 6 2). For oil installations, this will be with “OFTEC” (Registration Number: 3 7 5 6 6). “OFTEC” certification will be undertaken by a third party, namely Skyline Activities Ltd of 22 Old Forge, Whitbourne WR6 5SB.Minster Stoves & Heating cannot and do not take responsibility or accept liability related to the actions of any third party. We do not accept any responsibility for any errors, omissions, or inaccurate information supplied by third parties. In no event will we be liable for any loss or damage.
  4. The Supplier shall at all times hold a valid employer and public liability insurance policy and shall hold and keep up to date any and all licences or permits as may be required in order to provide the services.
  5. Where other trades are involved in the works and these trades are not under our control, any delays that may be caused in our progress by these trades may be subject to an extra charge and/or a delay in completion.
  6. Any additional works that the Customer requires to be carried out while the specified works are being executed will be charged at extra cost. An indication of such cost will be given verbally, and the Customer’s agreement to the same will be obtained before the additional works proceed.
  7. The Supplier shall take all reasonable care with the Customer’s property, including taking reasonable steps to protect the Customer’s furnishings and wall and floor coverings during the provision of the services.
  8. We will take care to carry out the work without causing damage to your property. If we cause unnecessary damage because of negligence, we will put it right.Sometimes the work means we must create access if there is not enough space for pipework, wiring, etc., or clearances within a fireplace opening to carry out the work, and this can cause damage to things like the inside and outside of cupboards and such things as wall coverings, paint, plasterwork, decorations & flooring – these do not constitute unnecessary damage.
  9. In carrying out fitting works, we will exercise reasonable care to preserve decorations and avoid other damage, but where the defacement or other damage is unavoidable, we will not be responsible for re-decoration or reinstatement.It is imperative that customers remove all valuable items, whether they hold sentimental or financial value, from the work area and access points before installation work begins. Construction work is inherently messy and disruptive, and despite our best efforts to ensure their safety, there is no guarantee that precious or fragile items will not be damaged during the installation process.
  10. When installing fireplaces, if Customers have requested to keep any existing fireplace hearth, fire surround, or mantel in place, please note that due to the nature of fireplace recess alterations, Minster Stoves & Heating cannot provide a guarantee that these items will not be damaged. As a result, we cannot accept liability for any resulting damage, although we will make every effort to prevent damage where reasonably possible.
  11. We do not guarantee to match existing brickwork where boiler flue or balanced flue terminals have been removed.
  12. We cannot assume responsibility for repairing or replacing parts of your existing system that develop faults after connecting new equipment, unless our negligence resulted in failing to anticipate the damage or our work was carried out negligently, leading to the fault.Please note that transitioning to a pressurised heating system may lead to the new boiler losing pressure due to small leaks in the existing system that would have previously gone unnoticed in a gravity-fed system. Regrettably, this is an inevitable consequence of boiler replacement and could require additional remedial measures. Minster Stoves & Heating cannot be held responsible for this situation. Any required corrective action may result in extra charges.
  13. If the scope of work involves a power flush of the current heating system, it should be noted that, although the procedure is typically safe, it may reveal vulnerabilities in the system depending on the condition of the existing components. Any necessary rectification work resulting from such findings may incur additional charges.
  14. If the contract completion is delayed due to non-delivery or shortage of materials, accidents, breakdowns, illness, war, fire, strikes, COVID, or other industrial action, lock-outs, or due to any act or default of the Customers or any cause beyond our control, a reasonable extension of time shall be granted or we shall be excused from further performance.If any such circumstances arise, we reserve the right to assess whether it is feasible to fulfill the project. If Minster Stoves & Heating exercises its authority under this provision, it is entitled to seek reparation from the Customer for any losses incurred due to the Customer’s actions or failures.
PROPERTY RIGHTS, RISK, AND TITLE
  1. Any property rights, title, or ownership in any property or materials used by the Supplier in providing or delivering the Service shall remain with the Supplier until the Customer has made full payment in accordance with these Terms and Conditions.
  2. All goods, products and materials will continue to be owned by Minster Stoves & Heating until they have been fully paid for. You grant Minster Stoves & Heating the right to enter any premises, at any time and without notice, in order to retrieve the goods, products and materials if the invoice for them is not paid by the due date.
  3. Upon delivery, the risk of damage to or loss of any Goods, materials, or our tools becomes your responsibility. You will be held liable for any damage or loss of Goods, materials, or our tools , except in cases where such occurrences result from the negligence of Minster Stoves & Heating.
  4. You do not have ownership of the Goods, products or materials, whether fixed or unfixed, until we have received full payment. If full payment is overdue or if a step occurs towards your bankruptcy, we reserve the right, by notice, to cancel any delivery and to revoke any rights to use the Goods, products and materials in your possession. Our tools delivered to your property remain in our sole ownership at all times, and the Customer agrees to keep them in safe custody.
  5. Risk and responsibility for any products or materials used in the supply, performance, or delivery of the Services shall pass from the Supplier to the Customer:
  1. where the Supplier is responsible for delivering the products or materials to the Customer, upon delivery; OR
  2. where the Supplier is not responsible for delivery, at the moment the products or materials leave the Supplier’s premises.
CONFORMITY AND GUARANTEE
  1. We have a legal duty to supply the Goods and Services in conformity with the Contract and will not have conformed if they do not meet the following obligations:
  1. Be of satisfactory quality, for example, not faulty or damaged, unless any such issues were communicated to the Customer before entering into the Contract.
  2. Be reasonably fit for the intended purpose for which they are provided, as well as for any particular purpose communicated by the Customer to the Supplier prior to entering into the Contract.; and
  3. Conform to their description.
  1. It is not a failure to conform if the failure has its origin in your materials.
  2. With regards to defects:
  1. We are committed to addressing any issues resulting from defective materials or workmanship reported by the Customer within a 12-month warranty period following the completion of the Service or Services, and within 30 days of notification (subject to the availability of goods and/or materials).
  2. If we fail to fulfill our obligations under this Contract, our liability for any damages shall be restricted to the expenses incurred in rectifying the deficiencies in the design, workmanship, or materials. This liability does not cover compensation for lost profits, specific losses or damages, or any consequential matters whatsoever.
  3. The Supplier shall, at their sole discretion, determine the manner in which they will satisfy this guarantee, whether by repairing, re-performing, or replacing the Service or Services or by refunding to the Customer all or part of the monies paid.
  4. Appliances and equipment installed and supplied by us are covered by the manufacturers’ guarantee. Repairs or replacements will be conducted in accordance with the manufacturer’s instructions. Please note that Minster Stoves & Heating does not cover defects due to fair wear and tear, batteries, consumables, or any causes beyond our control.
  5. Minster Stoves & Heating accepts no liability for any faults (or their repair) arising directly or indirectly from the negligence or default of the Customer or any third party. We retain the right, at our sole discretion, to repair or replace any faulty work or part, and any removed part automatically becomes the property of Minster Stoves & Heating.
  6. Customers are responsible for registering their appliance(s)/product(s) (e.g., fire, stove, or boiler, etc.) with the manufacturer through online or paper registration, as applicable. Instructions for registering the appliance(s)/product(s) are included in the manufacturer’s installation documentation provided at the time of installation and/or supply of goods.Failure to complete this process may void the warranty. Minster Stoves & Heating cannot be held liable for any resulting issues or costs. Additionally, manufacturers may not honour warranties for gas appliances (and possibly other appliances) if the customer cannot provide proof of annual servicing.
  7. Any guarantee or warranty offered by Minster Stoves & Heating covers labour only for any defective workmanship for 12 months from the completion date of the Service or Services. The manufacturer’s warranty will apply to any parts, equipment, or components supplied by Minster Stoves & Heating.
  8. If the Customer believes the Services are defective upon delivery or performance, they must notify the Supplier within SEVEN days. Failure to do so will result in the Customer being unable to claim the benefit of this guarantee.
  9. The guarantee will only take effect once the Customer has made full payment to the Supplier. Failure to do so will result in the Customer being ineligible to claim the benefits of this guarantee.
  10. We will promptly or within a reasonable timeframe, provide you with the benefits of the warranty offered by the manufacturer of the products supplied by us. The specifics of the warranty, such as the manufacturer’s name and address, the duration and geographical coverage, are outlined in the manufacturer’s guarantee accompanying the products. This warranty will become effective upon delivery of the Goods and will not diminish your legal rights.
  1. All-natural materials such as marble, wood, slate, etc., may contain inherent blemishes or defects that are characteristic of the material. Minster Stoves & Heating does not assume liability for these natural imperfections.
  2. Fire surrounds crafted from solid wood, veneer, marble, or natural stone may exhibit variations in grain patterns and colors, such as burls, knots, swirls, and medullary rays. With marble and stone, differences in veining, fissures, pits, texture, colour, and shade may be present, which should not be considered as defects.
  3. The registration of any manufacturer warranties, Building Regulations or Gas-Safe, HETAS, or OFTEC Registration is dependent on Minster Stoves & Heating receiving full payment of all amounts owed. Registration and the issuance of certificates will not take place while funds remain outstanding. .The delayed registration and/or provision of certificates does not constitute a contract violation; rather, it indicates the Service or Services have surpassed a “Substantial Performance of the Contract.” “Complete Performance of the Contract” will be achieved once the Customer provides full payment and the Supplier registers the installation with the relevant authorities upon receipt of cleared funds.
CUSTOMER SUPPLIED MATERIALS/APPLIANCES/EQUIPMENT
  1. Minster Stoves & Heating will not be liable or responsible for any appliances, equipment, and/or materials supplied by customers for installation. This includes but is not limited to their suitability, durability, or warranty. Any recourse for damages, defects, shortages, or unsuitability should be pursued directly between the Customer and the supplier of the goods, equipment, appliances, and materials.
  2. Minster Stoves & Heating offers no warranty or guarantee, neither shall we be responsible for rectifying any fault in connection with customer-supplied goods, equipment, materials, or appliances.
  3. Customers should be informed that if they need to make a claim under any warranty for goods, appliances, or materials THEY have supplied, the manufacturer’s warranty typically does not include the labour costs for removing or reinstating the faulty item(s). Minster Stoves & Heating retains the right to provide a quotation for the labour and material costs associated with any additional work required to remove and/or replace customer-supplied faulty goods or appliances.
TERMINATION
  1. This agreement shall continue until the Services (or any mutually agreed addition, extension, or variation thereof) have been provided, or until terminated in accordance with the below.
  2. Without prejudice to the above, this agreement may be terminated immediately where any of the following circumstances arise:
  1. If either party engages in a serious breach or persistent breaches of this agreement, which may include but are not limited to non-performance, neglect, or default of any outlined duties (including the Customer’s failure to make payments within agreed timescales), and after receiving notice of the breach, it remains unremedied and unrectified for FOURTEEN days after such notice.
  2. Either party commits a breach of this agreement which cannot be remedied.
  3. Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
  4. Upon ending this agreement, the Customer is obligated to compensate the Supplier for any work completed and expenses accrued up to and including the termination date.
  5. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement that are in existence at the date of termination.
WITHDRAWAL AND CANCELLATION
  1. Upon acceptance of the quotation, if you choose to cancel the Agreement it is imperative that any cancellation be submitted in writing and sent via recorded delivery to Minster Stoves & Heating, Unit 2, 103 Southern Avenue, Leominster HR6 0QF
  2. If you choose to terminate this agreement BEFORE work commences, we may need to retain a portion or all of your deposit to cover our reasonable expenses (e.g., non-returnable materials, supplier restocking fees, time spent organising your project, and scheduling adjustments). Any incurred costs will be subtracted from the initial deposit, and the remaining balance will be refunded to you via BACS. In the event that these costs exceed the deposit amount, we will issue an invoice for the outstanding difference.
  3. If you choose to cancel AFTER work has commenced, Minster Stoves & Heating will require payment for the following: labour costs incurred up to the cancellation time, expenses for installed or fixed items that cannot be removed without damage, return of undeployed delivered items, labour expenses for the uninstallation of easily removable installed items, compensation for loss of profit due to the cancellation, and a cancellation fee at 5% of the quoted price. These costs will be offset from the initial deposit, with any remaining balance refunded to you. In the event that these costs surpass the deposit amount, you will receive an invoice for the outstanding sum.
  4. If you engaged our services outside of our business premises (e.g., over the phone, on the internet, by mail order, or at your home or workplace), under Statutory Law, you have the right to a 14 (fourteen)-day “cooling off” period starting the day after the quotation was accepted. Please note, if you request materials to be ordered, request something to be specially made, invite the Supplier into your home to undertake urgent repairs or maintenance and/or work to commence during the 14 days “cooling off” period you waive your automatic right to the “cooling off” period and clause 71 above applies.
  5. We can cancel this agreement at any time prior to the commencement of works or providing the Service by giving you written notice and a full refund of any monies paid in advance of the commencement of works.
  6. If the installation becomes impractical due to structural or technical difficulties at any point, the Supplier will, upon request, provide the customer with written explanations for the difficulties and reserves the right to terminate this Agreement. Any deposit made will be reimbursed. However, if the difficulty in question could not reasonably have been anticipated at the time of the non-intrusive visual inspection, Minster Stoves & Heating will require labour costs up until the time of termination, payment for items installed or fitted that cannot be removed without damaging them, the return of any items that have been delivered but not installed, labour costs to remove any item already installed but can be easily uninstalled, compensation for loss of profit caused by the termination, and a termination fee to the value of 5% of the quoted price. The supplier will not compensate the customer for any losses unless negligence can be demonstrated.
  7. If a significant change in the specification of an appliance prevents us from supplying an appliance that precisely meets the specification detailed in our quotation, we will offer you an alternative appliance. You have the option of accepting it or cancelling this agreement without penalty.
PAYMENT
  1. The contract price is set out in the Quotation, which includes details of the charges that the Supplier will make for labour, materials, and parts, as well as any taxes, additional costs, expenses, or disbursements that the Supplier may charge to the Customer.
  2. The intervals at which the Supplier may invoice the Customer in respect of the whole or an installment of the contract price are set out in the Quotation.
  3. Notwithstanding clauses 77 and 78 above, the Supplier may vary the contract price from the amount set out in the Quotation. This variation may occur when the Supplier has provided services that are different or additional to those detailed in the Quotation at the specific request of the Customer, or because the Supplier has been required to complete additional work that was not anticipated at the time the Quotation was made; or due to market fluctuations in the price of materials.
  4. The Customer agrees:
  1. Not to withhold any sums due to the Supplier.
  2. To settle all invoices raised by the Supplier within ONE day or in accordance with pre-agreed Credit Terms.
  3. To pay to the Supplier interest at a rate of EIGHT percentage points per annum above the Bank of England base rate on any payments that are not settled in accordance with section 82 (b) above.
  4. To pay to the Supplier such costs and expenses as the Supplier may incur in recovering payment from the Customer where the Customer fails to make payment following these terms and conditions.
DISCLAIMERS AND EXCLUSIONS
  1. The Supplier shall not be responsible in any circumstances to the Customer or any third party for any loss of profit or indirect or consequential economic damage or loss, however caused, whether as a result of negligence, misrepresentation, breach of contract, or otherwise.
  2. Nothing in the forgoing shall be read as restricting or limiting in any way the Supplier’s liability for death or personal injury.
INDEMNITY
  1. The Customer shall indemnify the Supplier against any loss or damage that results from the Customer’s breach of this agreement or failure to abide by any of its terms.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
  1. In the event of any failure by a party due to circumstances beyond its reasonable control:
  1. The party will advise the other party as soon as reasonably practicable; and
  2. The party’s obligations will be suspended to the extent that is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure that it could not reasonably avoid. However, this will not affect the Customer’s rights relating to delivery and any right to cancel.
EXCLUDING LIABILITY
  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
FORCE MAJEURE
  1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this Agreement which results from circumstances outside its reasonable control, including but not limited to acts of God, industrial action, COVID, war, fire, the threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery, shortage of raw materials or supplies, or delays in obtaining (or the inability to obtain) materials through its usual sources due to transportation delays.
WHOLE AGREEMENT, GOVERNING LAW, SEVERABILITY AND MISCELLANEOUS PROVISIONS
  1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations that may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
  2. This Contract (including any non-contractual matters) shall be governed by the Law of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the English Courts.
  3. All clauses, sub-clauses, and parts thereof shall be severable and shall be read and construed independently. Should any part of this agreement be found invalid, this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
  4. All terms, conditions, and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title, and permitted assignees.
  5. Nothing in these terms and conditions shall confer any rights on a third party, and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
  6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.
  7. We strive to avoid any disputes, so we handle complaints in the following way: If for whatever reason you are not happy, please contact us using chris@minster-stoves.co.uk. We will respond to you as soon as possible (normally within 1-2 business days). You can read our “Complaints Policy” at https://www.minster-stoves.co.uk/complaints-procedure
DATA PROTECTION
  1. Please refer to our Privacy Statement at https://www.minster-stoves.co.uk/privacy-policy for more information about how Minster Stoves & Heating processes your personal data.

IN WITNESS OF WHICH the parties have caused this agreement to be executed on the day and date first before mentioned.

On behalf of the Supplier On behalf of the Customer
(Sign) (Sign)

ASSUMED ON ACCEPTANCE OF QUOTATION

(Print Name)

CHRIS PRITCHARD

(Print Name)

CUSTOMERS NAME AS PER QUOTATION

(Position if signing on behalf of a company)

MANAGING PARTNER

(Position if signing on behalf of a company)

NON BUSINESS CUSTOMER

(Date)

DATE AS PER THE QUOTATION

(Date)

DATE AS PER THE QUOTATION

PRINTER FRIENDLY COPY

23/12/23 E&OE.

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