Terms and Conditions of Sale
Vogue Surrounds Ltd T/A Portadown Fireplaces
This contract explains the rights and responsibilities of the customer and the company. The word ‘you’ refers to the customer and ‘we’, ‘us’ or ‘our’ means the Company.
In these Terms:
1.1. “Company” means Vogue Surrounds Ltd
1.2. “Customer” means the purchaser of Goods and/or services from the Company.
1.3. “Goods” means all goods sold and/or delivered by the Company to the Customer.
1.4. “Terms” means these terms and conditions of sale.
2.1. These Terms apply to all contracts for the sale of Goods by the Company.
2.2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
3.1. A quote will stand for 8 weeks unless otherwise stated in writing to you. After this time the company reserves the right to adjust the quote in line with any price/legislative changes i.e vat/tax etc.
3.2 Once accepted, during the 8 weeks the company may only adjust the quote in exceptional circumstances in discussion with you.
3.3 Customer adjustments to the order/goods placed will require the quote to be adjusted accordingly.
3.4 Customer quotes are subject to VAT at the applicable rate.
- Right to Sub-Contract
The Company shall be entitled to sub-contract all or any part of the work.
The company will endeavour to maintain the prices shown on the current Price List, but the Company shall have the right to reflect any increase in its costs resulting form:
- any alteration in or addition to the Customers requirements,
- the Customers instructions or lack of instructions.
- All quotations subject to change ie re visit applied by building control or building contractors
due to structural items of any nature.
- any interruptions, delays or additional overtime work arising from the causes for
which the Company is not directly responsible.
- You must allow for potential foreign exchange fluctuations in providing your quote
- The Company shall have the right to invoice the Customer in respect of a partial delivery of the Goods.
6.1. Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
6.2. A deposit of 50% of the invoice price must be paid when placing an order. The Company reserves the right to increase the deposit up to the full value of the goods as determined by the Management of the Company.
6.3. The balance of the invoice price must be paid in full before delivery/fitting.
6.4. Interest is payable on all overdue accounts calculated on a daily basis at the rate of 8% plus the Bank of England Base Rate (Statutory Interest) per day as from the date due for payment until payment is received by the Company.
6.5. The Company adds VAT at the applicable rate.
7.1 Portadown Fireplaces specialise in the sale and supply of Fireplaces and Fires. We do not install Fireplaces or Fires.
7.2 Any installers that are recommended by Portadown Fireplaces are self-employed. If requested by the customer, Portadown Fireplaces will get an installer to contact customer directly.
7.3 All payment for installation is paid to the installer directly.
7.4 Portadown Fireplaces cannot be liable for any losses, costs, charges or expenses caused by any aspect of installation/installers.
7.5 Any estimates provided by Portadown Fireplaces for installation are approximate and charges should be agreed directly between the customer and the customers chosen installer
7.6 Customers are under no obligation to use our recommended installers.
7.7 It is the customers’ responsibility to check the Gas Safe/CORGI or HETAS registers identification card before any Gas work is carried out.
8.1 Dates and times given for completion or delivery of Goods or of any stage or process are given as estimates only. The Company will endeavour to meet any time estimate, but reserves the right to amend any estimate and will notify the Buyer of such amendment where practicable.
The Company shall not be liable to the Customer for loss or damage resulting from failure to meet a time estimate from any cause including negligence.
8.2 If this Contract is for the delivery of Goods by instalments then failure by the Company to deliver one or more instalments shall not entitle the Customer to claim compensation or to terminate or suspend this Contract and /or reject those or subsequent deliveries. This does not affect your statutory rights.
8.3 It shall be the responsibility of the Customer to examine the goods on delivery and notify the Company of any defects or shortage at the time of delivery. If the Company does not receive such notice within 1 working day it will not have liability arising from short delivery or any apparent/ obvious defect. This does not affect your statutory rights.
8.4 If the Company agrees to deliver (or arrange delivery of) the Goods to a place nominated by the Buyer, delivery shall be affected when delivery is tendered there during normal working hours and suitable assistance given to the delivery driver on large heavy items.
8.5 If the Customer does not accept delivery of the Goods in accordance with this in paragraph
- 4, the Company may arrange for the storage of the Goods on the Customer’s behalf but without liability for any loss or damage occurring after the agreed delivery date. The Customer shall, in addition to the price, pay on demand all reasonable charge for storage, insurance and transport occasioned by its failure to take delivery.
8.6 Where the goods are collected by the Customer, the Company shall not be liable for any loss or damage caused to the Goods while in transit.
The Customer shall carefully examine the Goods on the Company’s premises and shall immediately notify the Company of any defects reasonably discoverable on the careful examination.
If the Company does not receive notice prior to the goods leaving the premises point
8.3 shall apply as regards liability.
Title (ownership) to goods shall not pass to the customer but shall remain vested in Vogue Surrounds Ltd until the price of same (including for the avoidance of doubt the price of installation and any VAT and interest payable – section 5 & 6) has been paid in full.
Should cancellation occur – The Company reserves the right not to refund deposits or any part thereof. This will be decided by the management of the company and is not negotiable.
11.1. Fireplaces are guaranteed for 1 year from the date of installation
11.2 Any product which has been overheated/overfired in any way voids the guarantee
11.3 Grates and ash pans are classified as consumables and are therefore not guaranteed
11.4 The company cannot be held to be responsible for re-decorating, interior furnishings,
carpets or skirting boards when Goods are being delivered/fitted.
11.5 Vogue Surrounds Ltd do not recommend that open fires be burned in full marble/stone fireplaces
11.6 Marble and stone are natural products and as such Vogue Surrounds Ltd cannot guarantee veining and colour of the product
11.7 Marble and Stone are porous products and may stain if any liquids are spilled onto them
11.8. Stone fireplaces are supplied unsealed – Vogue Surrounds Ltd do not offer a sealing service.
11.9 Cast Iron insets and front bars will discolour in the heat of an open fire – Vogue Surrounds Ltd do not accept responsibility for this.
11.10 Cast Iron Insets do not offer any form of draft control for the fire
11.11 Cast Iron Insets are not primarily designed for back boilers. Vogue Surrounds Ltd will try to supply (at an extra cost) a grate that is suitable. If however, this is not possible then Vogue Surrounds Ltd cannot be held responsible.
11.12 Cast Iron Insets are supplied with a standard grate but no ash pan (available at extra cost, unless otherwise agreed)
11.13 There will be a gap of approx. 2” between the grate and the front bars of the cast iron inset.
11.14 Flues/chimney’s must be serviced and certified annually pre heating season i.e. Before August and after April. This service can be included as an optional extra as part of your package. Additional costs apply
11.15 Proper fuels as recommended by supplier must be used for all multi fuel and wood burning appliances. Lighting and firing also must be as recommended by supplier.
12.1. Stove Manufacturers supply a warranty on purchase – check the stove handbook as the warranty may require online registration with the manufacturer.
12.2 Items such as Grates, Bricks, Ashpans, Glass, Ropes, Baffle Plates (check stove handbook for other specific items) are classified as consumables and are therefore not guaranteed.
12.3 Stove fitting is guaranteed 1 year from the date of installation
12.4 Chimneys’ must be cleaned prior to stoves being installed
12.5 A non-combustible base e.g. granite, slate or glass must be fitted below the stove, extending
150mm either side of the stove and 300mm in front of the stove
12.6 If a stove is sold on a ‘Supply Only’ basis – Vogue Surrounds Ltd are not responsible for the operating efficiency of the stove or the performance of the chimney.
- GAS FIRES
13.1 Gas Fire manufacturers supply a warranty on purchase – check the fire handbook as they warranty may require online registration with the manufacturer.
13.2 If a gas fire is sold on a ‘Supply Only’ basis – Vogue Surrounds Ltds are not responsible for the operating efficiency of the fire or the performance of the chimney
- LAWS & DISPUTES
14.1 This contract has been made out at our business premises as stated at the start of these T & C’s and is subject to all national and regional laws.