Terms & Conditions

TERMS & CONDITIONS

Limitation of Liability

•    We shall not be liable to you, whether in contract, or (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the agreement or the services.
•    Nothing in these Terms and Conditions shall limit or exclude our liability for:
•    Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
•    Fraud or fraudulent misrepresentation;
•    Breach of the terms implied by section 12 of the sale of goods act 1979 or section 2 of the supply of goods and services act 1982 (title and quiet possession);
•    Breach of the terms implied by sections 13, 14 and 15 of the sale of goods act 1979 and sections 3, 4 and 5 of the supply of goods and services act 1982 (description, satisfactory quality, fitness for purpose and samples)

Suspension

We shall be entitled to suspend provision of services if any payment is overdue or if we have the right to cancel under these Terms and Conditions (see ‘Cancellation’ below). During the period of suspension you will not be entitled to make any claim.

Statutory Cancellation

•    Where the Agreement is not used for purposes of operating a business you may cancel our agreement within 14 days of its commencement without giving any reason.
•    To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You can use the model cancellation form set out below, but it is not obligatory.
•    Cancellation form:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*], Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

Force Majeure

We shall not be liable to you as a result of any delay or failure to perform our obligations as a result of an event beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure or delay of manufacturers or suppliers, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Notices

•    Notices under these terms and conditions can be delivered by hand or first class post.
•    A notice given by us to you shall be in writing and sent to the party at the address given in the order.
•    A notice given by you to us shall be sent to our registered office address listed below.

General

•    If any of these Terms and Conditions is or becomes invalid, illegal or unenforceable, that provision shall be deemed deleted but the remaining terms and conditions shall not be affected.
•    Any dispute or claim arising out of or in connection with an agreement (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
•    No person other than you shall have any rights to enforce the terms of an agreement against us.

Calder Plumbing and Heating
61 The Arches
Claremount Road
Halifax
West Yorkshire
HX3 6LD

Telephone: 07720 823375
Email: info@calderplumbingandheating.com

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