Terms & Conditions
- 1.1 ‘Seller’ means Wunda Floor Heating / WUNDA GROUP Plc. whose registered office is at Second Floor, 87 Kenton Road, Kenton, Harrow, Middx HA3 0AH. Company Registered No: 6000144. VAT no: 891 215 228.
- 1.2 ‘Buyer’ means the person, firm, company or other organisation placing any order for goods.
- 1.3 ‘Goods’ means all loose goods and or materials (and or all attendant services where appropriate) manufactured and/or supplied and/ or carried out and/or designed and /or installed and/or delivered by the Seller for the Buyer.
- 1.4 ‘Contract’ means the contract for the supply of goods and/or materials and/or services incorporating these conditions.
- 1.5 ‘Conditions’ means these conditions and written variation(s) thereto made pursuant to clause 2.3.
- 1.6 ‘Writing’ means including fax, email and other comparable means of communication.
2. Formation of Contract
- 2.1 There shall be no contract between the Seller and the Buyer until the seller accepts the buyers order, whether or not in writing, subject to these conditions.
- 2.2 All orders are accepted by the Seller subject to these conditions and these conditions shall be the sole terms and conditions of any sale by the Seller to the Buyer. Terms and conditions put forward by the Buyer shall not be binding on the Seller.
- 2.3 No amendment or addition to the contract or variation of the conditions shall be valid unless accepted in writing by the Seller.
- 2.4 The Buyer agrees that these conditions and any specific details agreed in writing and variations to the conditions pursuant to clause 2.3 herein constitute the entire understanding between the parties hereto and that there are no other representations, of any other kind (except as to title) conditions, terms or obligations, whether written or oral, express or implied, by custom, statute or otherwise applicable to the Contract.
- 2.5 This contract shall be governed by English Law.
- 3.1 The prices, quantities and delivery times stated in any quotation given by the Seller are commercial estimates only which the Seller will make all reasonable efforts to achieve but which are not binding on the Seller. Quotations are subject to withdrawal at any time before acceptance of the Buyers order and shall in any event be deemed to be withdrawn unless accepted within 30 days of their date.
4. Orders and Delivery
- 4.1 Standard deliveries are 3-5 working days subject to road and weather conditions, excluding Bank Holidays. Zone 1 includes areas shown, excludes all areas shown in Zones 2 and 3. Zone 2 includes deliveries to Scottish Highlands (Postcodes AB,DD,DG,EH,FK,IV,KY,TD,KA27-28,KW,PA20-49,PH17-26,PH30-44,PH49-50). Zone 3 deliveries cover Northern Ireland, Isle of Man, Isles of Scilly and Scottish Islands (Postcodes BT,HS,IM,TR21-25,ZE). For all other areas please call for cost and delivery dates.
- 4.2 Deliveries are expected to arrive between the hours of 8.00am and 6.30pm on the day of delivery to the address requested (Unless we have been advised and alternative arrangements made), unless you opt for a premium delivery option: Next day, Next day AM, Next day PM delivery options available (Zone 1 only). In the event you (or your representative) are not there to receive the goods, there may be a re-delivery charge by the transport company; this will be passed on to you. All deliveries have to be signed for as proof of receipt.
- 4.3 All products are thoroughly checked, suitably packaged and leave the Seller’s premises in good condition if you are not satisfied with the condition of the goods on arrival DO NOT ACCEPT delivery. In any event notify Wunda Floor Heating immediately by calling 01291 634140. The Seller shall have no liability to you for any failure or delay in supply or delivery or for any damage or defects to goods supplied or delivered that is caused by any event or circumstances beyond our reasonable control (including without limitation, strikes, lockouts, riots other industrial disputes or extreme weather).
- 4.4 All claims for shortages or discrepancies must be reported within 7 working days of receipt of delivery.
- 4.5 The Seller shall be entitled to make partial deliveries or deliveries by instalments and to invoice for such deliveries as made and further to invoice for such Goods as are manufactured and in respect of which the Buyer has either asked verbally or in writing for delivery to be withheld or in respect of goods delivered but not unloaded for any reason by the Buyer or in respect of the Seller or the Seller’s carrier being unable to deliver by reason of the Buyer’s breach of clause 4.6 herein.
- 4.6 The Buyer warrants that the delivery site will be safe and fit to take delivery from the Seller or the Seller’s carriers transportation (details of which will be delivered to the Buyer on request) and will indemnify the Seller in respect of any damages costs or expenses caused by any lack of safety or suitability of the said site. It shall be the Buyers’ responsibility to unload goods.
- 4.7 All delivery dates are estimated only and the time of delivery shall not under any circumstances be of the essence in the Contract. In no circumstances shall the Seller be liable to compensate the Buyer or any other party in damages or otherwise for non delivery or late delivery of the Goods or any part or portion of the Goods for whatever reason or for any consequential or other loss arising there from nor shall the Buyer’s liability to the Seller be diminished or extinguished by reason of such non delivery or late delivery.
- 4.8 Upon refusal or failure of the Buyer to take delivery of the goods at the time of delivery including the failure by the Buyer to provide a safe and adequate site or to unload pursuant to the Buyers’ obligations in clause 4.6 herein the Seller shall at its own discretion be entitled to store the Goods at the risk of the Buyer and the Buyer shall in addition to the monies payable under clause 4.12 pay all costs and expenses of such storage and any additional costs of carriage incurred, and the Buyer will indemnify the Seller in respect of any damages, costs or expenses caused by any delay in unloading goods.
- 4.9 Should the Seller be prevented from or hindered in delivering the goods or any part thereof by reason of war, riot, terrorism explosion, fire, flood, strike, walkout, inclement weather shortage of materials or labour or any cause beyond the Seller’s control the time for delivery shall be extended by a period equal to that during which the cause preventing or hindering delivery exists and or the Seller may at its option cancel the contract or any part of it and shall be under no liability for delay or non-performance of any of the obligations hereunder.
- 4.10 The Seller shall be entitled to deliver the goods in one or more consignments and in/on any vehicle at the discretion of the Seller and the Seller shall be at liberty to charge for any vehicle different from that originally arranged to be used by Seller which involves the Seller in any additional expense.
- 4.11 The Seller shall not be liable for any loss of any kind to the Buyer arising from any damage to the Goods occurring after title has passed to the Buyer however caused, nor shall any liability in the Buyer to the Seller be diminished or extinguished by reason of such loss.
- 4.12 In any case where the Seller purchases on behalf of the Buyer any goods and there is no agreed delivery date then the Buyer shall collect the goods within 14 days of notification by the Seller that the goods are available for collection. The Buyer shall pay for the goods at the time of collection and if the Buyer fails to collect the goods as stipulated herein the Seller may as agent for the Buyer sell the goods or any part thereof and the proceeds of sale thereof will reduce or extinguish the Buyer’s debt to the Seller to the extent of the sale price but without the Seller surrendering the right to charge interest of the sum owing for the appropriate period. Furthermore until such time as the goods are sold (in the event that they ultimately are sold the Seller being under no obligation to sell) the Seller may arrange for the goods to be stored at a place convenient to the Seller and at the Buyers risk and that the Buyer will indemnify the Seller against all storage charges, insurance, demurrage or other costs, expenses and charges arising from the Buyer’s failure and neglect and the Seller may at its option cancel or suspend (or suspend and later cancel) the purchase of all further goods due under any contract between the Buyer and the Seller and to treat any contract between them as repudiated.
5. Risk & Title
- 5.1 Risk of loss or damage to the Goods shall pass to the Buyer upon delivery to the Buyer’s site.
- 5.2 The property and title to the goods shall not pass to the Buyer until the Buyer has paid the Seller the whole price thereof (and in the case of payment by cheque or other instrument of payment other than cash) until the same has been met or otherwise honoured.
- 5.3 If notwithstanding that the property in the Goods has not passed to the Buyer, the Buyer shall sell the goods in such manner as to pass to a third party a valid title to the goods, the Buyer shall hold the proceeds of such sale on trust for the Seller.
- 5.4 The Buyer agrees that if payment of the price of the Goods is overdue in whole or in part the Seller may (without prejudice to any of its other rights) enter upon the Buyers premises and remove the Goods (and/or the documents of title of such Goods) there from and that prior to payment for the Goods the Buyer shall keep the goods separate and identifiable for that purpose.
- 5.5 If any Goods are incorporated in or used as material for other goods before payment in full is made then the property in the whole of such other goods shall be and shall remain with the Seller until such payment has been made, or the other goods have been sold, and all the Seller’s rights hereunder in that mentioned shall extend to those other goods.
- 5.6 Demand for recovery of the Goods by the Seller in the circumstances contemplated by clauses 5.4 and 5.5 shall not discharge either the Buyer’s liability to pay the whole of the price and to take delivery of the Goods or the Seller’s right to sue for the whole of the price and any interest due in respect thereof.
- 5.7 Payment shall be applied to invoices in the order in which they were issued and for the Goods in the order in which they were listed on invoices.
- 6.1 The Seller reserves the right to increase the price of the Goods before delivery by an amount equivalent to any increase which may have arisen in the cost to the Seller of acquiring or delivering the Goods to that ruling at the date of despatch.
- 6.2 Unless stated otherwise in the Seller’s Quotations all prices are quoted ex works and where the Seller has undertaken to provide or arrange carriage from its works to the place of delivery specified by the Buyer such carriage shall be charged in addition to the price unless otherwise expressly agreed by the Seller in writing.
- 6.3 All prices are quoted in £ sterling and are exclusive of Value Added Tax and the contract price shall be such price plus Value Added Tax unless, stated otherwise.
- 6.4 All prices on this website are subject to change without notice. Whilst we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our website may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
7. Cancellation / Termination
- 7.1 The Buyer may not cancel the contract without the consent of the Seller which if given shall be deemed to be on the express conditions that the Buyer shall indemnify the Seller against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
- 7.2 Should the Buyer make default in payment or otherwise be in breach of the obligations to the Seller under the contract or under any other contract with the Seller or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer an administrator, administrative receiver or manager to be appointed over all or any part of its assets or take or suffer any similar action in consequence of debt or become insolvent or suffer any judgement for a liquidated amount which it does not satisfy or discharge until 14 days of the same being entered or should the Seller have reasonable cause to believe that any of these events is likely to occur, the Seller may, by notice in writing to the Buyer, without prejudice to any other rights, forthwith suspend or cancel any uncompleted part of the Contract or stop any goods in transit or require payment in advance or satisfactory security for further deliveries under the Contract.
- 7.3 Internet transactions made on www.wundafloorheating.co.uk are subject to a 7 day ‘cooling off’ period from the day of receiving the goods so ordered and any ‘returns’ are subject to 8.4 and 8.5.
Please note that all returns need to be sent direct to our warehouse at the following address:-Wunda Group PLC
Kingsway Buildings, Kingsway
Bridgend Industrial Estate
- (a) 28 Days Returns Policy – Before returning any goods a returns number must be obtained from the ‘Seller’ and be quoted in all communications for their return. All goods returned after the 7 day cancellation period will incur a 20% restocking fee.
- (b) Returned goods must be in original, complete and saleable condition with NO LABELS stuck on them and suitable packaging used for their transport with the returns number on the outer packaging. Customers are liable for sending the items back and all refunds are at the total discretion of the seller. Please note without exception goods will NOT be accepted back after 28 days.
- 8.2 Faulty Goods – In the unfortunate event a product develops a fault, please contact the Seller on Tel No: 01291 634140 with your customer reference number.
- 8.3 Cancellation rights – please notify the Sales Office Tel No : 01291 634140 of unwanted items within the 7 day statutory cancellation period. Customers are liable for the goods satisfactory return to Wunda Group PLC and refunds are issued as set out in 8.1(b).
- 9.1 In any contract when the Seller has agreed credit facilities with the Buyer the Buyer will pay the Seller for the goods within 30 days of invoice date.
- 9.2 The Buyer agrees to pay the Seller punitive interest at the rate of 8% above the base rate for time to time in being of UK Clearing Banks on all overdue accounts from the date any invoice falls due for payment to the date of payment.
- 9.3 The setting off or withholding of payment by the Buyer in respect of any claim under this or any other contract is not permitted unless expressly agreed by the Seller in writing.
- 9.4 If the Seller shall allow credit in respect of any part of the Goods it shall do so without prejudice to its right to refuse to give up possession of any other part of the Goods except against payment.
- 9.5 Where the Goods are to be supplied or payment therefore is to be made by instalments the failure of the Buyer to pay any instalment in due time shall entitle the Seller to treat such failure as a repudiation of the whole contract by the Buyer and to recover damages for such breach of contract.
- 9.6 In any case where a Buyer has no credit card facilities with the Seller, goods will fall due for payment on acceptance of the Buyer’s order by the Seller or such later time as is agreed in writing between the Buyer and the Seller. The Seller’s goods can only be delivered direct to the Buyer’s site when the credit card registered address is the same as the requested site address. The Seller’s goods can only be delivered to an alternative site address only on receipt of cleared funds via cheque, bankers draft or electronic transfer.
- 9.7 The data you provide during your transaction will only be used for the purpose of recording your payment and for notification of any further WUNDA GROUP promotional offers. We shall abide by the principles of the Data Protection Act 1998 and ensure that the data is used for no other purposes and is disclosed to no third party.
10. Provision of Services
- 10.1 Where the Seller provides advice to the buyer, it warrants that such work shall be done or such advice given with reasonable skill and care.
- 10.2 The seller does not accept liability for any action or omission on the part of any approved installer or other person.
- 10.3 It is the responsibility of the buyer to obtain any required planning permission to ensure that the work to be undertaken complies with Building Regulations including any local building costs.
- 10.4 It shall be the Buyer’s sole responsibility to ensure that all persons (other than the Sellers and its sub-contractors) adhere fully to the installation instructions.
- 11.1 All specifications, design and sketches submitted by the Seller, including without limitation those set out in the quotation, are provided in the total confidence and (unless otherwise agreed in writing by the Seller) shall not be used by the buyer for any purpose other than the evaluation and use of the system and in particular shall not be provided to any third party with a view to such third party manufacturing or supplying goods based upon such specifications, designs and sketches or maintaining, altering or developing the system.
- 11.2 The system supplied by the seller shall be in accordance with the specification or description (if any) expressly listed or set out in the order confirmation. No other specification (whether in respect of capacity, dimension, output or other detail), descriptive material, written, or oral representative, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the agreement between the seller and the buyer and neither shall any of the foregoing constitute any form of express or implied collateral or condition.
- 11.3 All recommendations and advice given by the Seller to the Buyer as to methods of storing using or installing the goods, the purposes to which the goods may be applied and suitability of the goods for any particular purpose are given without liability on the part of the Seller. No warranty is given as to such matters nor is any warranty to be implied.
- 11.4 All performance data, dimensions, weight, load bearing capacity and other technical information and particulars of the Goods are given by the Seller in the belief that they are as accurate as reasonably possible but are not to be treated as binding or forming part of the Contract with the Buyer.
- 12.1 If any goods are defective due to defective workmanship or material, we shall at our option replace such goods or refund the price of such defective goods provided that:
- (a) you send us written notice of the defect within the guarantee period.
- (b) we are given a reasonable opportunity after receiving notice to examine such goods and (if asked to do so by us) you return such goods to our place of business for the examination to take place there;
- (c) you do not make any further use of such goods after giving such notice;
- (d) the defect is not due to wilful damage, negligence (other than ours), fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and
- (e) the defect is not due to any act or omission of you, your agents or contractors.
- 12.2 Our entire liability for defective goods and services is set out in 12.1 and in particular we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods.
- 12.3 On request, we will provide information about manufacturer’s guarantees offered and available to you in respect of the goods but we are not legally responsible for any obligation under manufacturer’s guarantees. Where the goods contain a warranty or guarantee offered by us please refer to the special conditions applicable on our website or available upon request.
- 12.4 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.
- 12.5 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.
- 12.6 Nothing in these terms excludes or limits our liability for:
- (a) death or personal injury caused by our negligence,
- (b) fraud or fraudulent misrepresentation;
- (c) any other matter which it would be illegal for us to exclude.
- 12.7 Where goods are manufactured in compliance with any designs, specifications or drawings supplied by you or your customer, you shall indemnify us against all proceedings, costs, claims, losses or demands in respect of any infringement or alleged infringement of any intellectual property rights whatsoever of third parties in any part of the world.
- 13.1 Subject to the conditions set out below, the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery.
- 13.2 This warranty is given by the Seller subject to the following conditions:
- (a) the Seller shall be under no liability in respect of any defect arising from any drawing, design or specification supplied by the Buyer;
- (b) the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Supplier’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval;
- (c) this warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
- 13.3 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Without limitation, the Seller does not warrant the accuracy or otherwise of any design, drawing, specification, instructions, other information or advice that it provides as part of the Services and or as ancillary information in relation to the Goods.
- 13.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified in writing to the Seller within 7 days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, but, in any event, within 12 months of delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer may not reject the Goods and the Seller shall have no liability and the Buyer shall pay the price as if the Goods had been delivered in accordance with the Contract.
- 13.5 Where any valid claim is made in accordance with this Clause 13, the Seller may replace or repair the Goods (or the part in question) or re-supply the Services (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods or Services (or part of it), but the Seller shall have no further liability to the Buyer.