Stove Terms & Conditions

 

We”, “us”, “our” or “Company” means The Snug Limited, trading as The Snug (1 Auckland Terrace, Ramsey, Isle of Man, IM8 1AF).

You” or “Customer” means the person who buys or agrees to buy goods from us.
Goods” means stoves, flue parts, building materials and any other items supplied by us.

 

  1. Estimates
    a. Estimates for labour remain valid for 30 days, however price rises for Goods may be applied by suppliers and us at any time prior to receiving a deposit.
  2. Estimates are usually based on information acquired during inspection. Given the nature of the work required it is often impossible to fully survey the job without incurring significant costs and creating significant disruption. The Estimate is based on what is visible, what we have been told by the Customer and our experience working in this field. Estimates may summarise situations and omit issues that are unknown at the time of the Estimate and so must not be taken as fully definitive of the work necessary or of the costs.
  3. Estimates will include the known tasks to be undertaken by us. Occasionally unexpected problems can arise when carrying out installation of Goods (including compliance with new or changed legislation or new or changed HETAS requirements arising or notified after the Estimate). Should this occur we will discuss with you how best to proceed.If additional work and/or parts are required you will be informed of the estimated cost and if you wish us to proceed to carry out the work you will be liable for those costs. If you decide to cancel your agreement with us, you may still be liable for carriage costs for goods ordered (including costs of return),labour costs incurred and the cost of goods specially ordered which cannot be returned.If it works have been commenced and it is necessary or you have requested that they be reversed the cost in doing so will by borne by you and if the cost exceeds the deposit you will be liable to pay the balance.
  4. In the event of the Company determining that it is not feasible to carry out the planned works we will notify you accordingly and return the Customer’s deposit less the costs of any works carried out to that point; whereupon save for the Customer’s liability in respect of works carried out to that point the contract shall be null and void and neither party shall be under any liability to the other.
  5. Once a stove has been installed various tests will be carried out. If the stove or flue fails the tests, further work and/or parts may be needed to rectify the problem, and you may be advised that the stove or flue must not be used until the problem is rectified. Use of a dangerous stove or flue creates a risk of death or serious injury and you agree to act on the advice that you have been given and that you will not contravene such advice. We cannot be held responsible for any costs incurred to rectify existing flue problems. It is wise to allow a contingency budget.

 

  1. Payments
  2. Goods will not be ordered until the requested deposit is made.
  3. The balance (including in respect of any extra items arising during installation) is due and payable in full within 7 days of installation.

c. All goods remain the property of The Snug Limited until paid for in full.

  1. Should the outstanding balance remain unpaid by on the 28thday following installation, legal action will be taken without further notice.
  2. When no stove is bought from the Company, 50% of the Estimated cost is due before any works are scheduled.
  3. Where an installation is proceeding by stages, full payment is required at the completion of each stage defined in the Estimate.
  4. The presence of any alleged defect does not constitute a reason for withholding any payment. Any costs of pursuit of the Customer for outstanding payments will be charged.
  5. We will seek to agree to and/or rectify any potential issues with you post-installationprovided that all payments due to date have been made.
  6. Interest is due on all unpaid accounts and will be charged at 5% per month or part-month over the annual base rate per annum for the time being of the Company’s bank.
  7. Any dishonoured cheque will attract a penalty payment of £25 plus 5% per month or part-month over the annual base rate per annum for the time being of the Company’s bank.

 

  1. Risk

Risk in Goods will pass to the Customer on delivery, or where the Customer delays delivery risk passes on the date on which we agreed to deliver the Goods, and we will not be liable for the lossor destruction of or damage to the Goods except where that results from our negligence, so we recommend that you insure the Goods.

 

  1. Liability
    a. You are entirely responsible for ensuring compliance with any applicable Planning or Listed Building legislation. We will not accept any legal and financial ramifications resultant from failure to comply with any and all applicable legislation.
  2. We cannot be held responsible for any damage caused to property or furnishings by soot emitted from appliances or flues whilst inspecting, installing, servicing or carrying out repair. You should arrange for chimneys to be swept before any inspections or works to minimise the risk of soot damage and cover or remove carpets and furnishings wherever possible.
    c. The Company accepts full responsibility for the actions of its employees. However, the Company cannot accept responsibility for any harm that may befall the Customer, their guests or visitors unless it is as a result of the negligence of the Company or its employees. All building work carries with it an element of risk, in particular where there is work being carried out at height and the Customer is advised to keep themselves, their guests and visitors, pets and livestock clear of the working area until given clearance by a representative of the Company. The Customer is also advised to remove vehicles and fragile objects from the vicinity of the site. Some of the work we are undertaking can cause vibration throughout the building and Customers are advised to remove or make safe any items of value sited precariously for instance on mantelpieces and shelves.
  3. The Company has a Health and Safety policy and awareness that contributes to the safety of its employees and Customers. Customers are reminded that they must also be alert at all times to the risks that are endemic to this sort of work and that they also owe a duty of care to our employees, themselves, their guests and visitors regarding the safety of the site.
  4. We will not be liable for any damage to your property unless the same is caused by our negligence or wilful default. We will take reasonable care in carrying out works under this contract but cannot be liable for losses outside of our control, for example damage to slates on roofs or to chimney pots where we have taken reasonable precautions.
  5. Our liability to you shall at no time exceed the price of the goods purchased. The Company will not be liable for any loss and or additional expense suffered by the Customer either in direct or indirect relation to their purchase.
  6. All goods are subject to availability, we cannot be held responsible for any unavailability of products that you may have selected, as issues may arise which are out of our direct control, including but not exclusively manufacturing problems or discontinuation of the product.
  7. We undertake to adhere to any delivery period discussed with the Customer, but the Company shall not be liable in respect of any delay in installation caused by reasons beyond the Company’s control; nor for any consequential loss, resulting therefrom. If work is not completed within the proposed period, you may serve notice on us in writing, requiring that the work be completed within an extended period: in general, we would accept 28 days as being reasonable.
  8. If the work is not completed by us within the extension period, you may cancel the uncompleted work covered by the contract, without penalty, by the service of a written notice to that effect on us by the 28th day. Any payments for goods and services to-date will be retained by the Company.

 

  1. Other suppliers of goods and services
  2. Tasks may need to be undertaken by suppliers other than us. These may include but not exclusively, Asbestos surveys including sampling and/or removal, Gas, Oil, Electrical, Survey, Structural rectification and other Construction work.
  3. The Snug in no way recommends or endorses the Customer’s involvement with or direct employment of anyone other than representatives of the Company.
  4. The Company shall be in no way held responsible for the representations, deeds or omissions of other suppliers of equipment or materials, or other services suppliers.At all times, responsibility for verification of the necessary qualifications of suppliers of equipment (other than the Goods), materials or services shall reside solely with the Customer.

 

  1. Materials
  2. All materials supplied and/or fitted by us will comply with HETAS recommendations and be of good quality and suitable for use under those recommendations.
  3. We shall be under no liability whatsoever in respect of minor blemishes and imperfections in the materials not covered by a manufacturers’ performance warranty.
  4. Despite our best endeavours installations may not be aesthetically perfect due to peculiarities in fireplaces, stoves, chimneys, hearths and buildings design & construction.
  5. You accept that unavoidable compromises may be necessary during installation placing HETAS standards and compliance with applicable regulations above aesthetic considerations.

 

  1. Following Installation
  2. Interference with or modification to the Installation if undertaken by other persons, including damage due to accident or misuse and faults or premature deterioration resulting from misuse or abuse will invalidate any warranty.
  3. Following installation of a stove we allow for a ‘snagging period’ of 30 days in case any problems become evident. Call outs required after this 30 day period will be subject to our usual fees. However, subject to 7c below, we undertake to repair or replace, free of charge, any materials proven defective as a result of faulty materials or workmanship within 1 year from Installation.
  4. If you fail to correctly use and maintain installations we may charge for service calls or refuse to rectify related issues.
  5. Customers wishing to obtain redress from manufacturers’ warranties for goods and/or labour charges made by the Company for rectification must do so directly.
  6. Warranties apply only to the original Customer and are neither extendable nor transferable to any other party.

 

  1. Acceptance and Cancellation
  2. The Terms & Conditions shall not be construed so as to affect the statutory rights of Customers whose acceptance of an estimate implies full acceptance of these Terms & Conditions
  3. The right for you to cancel your contract with us does NOT apply to bespoke goods you have ordered which are manufactured to your specification.
  4. Subject to paragraph 8b, you may cancel your contract with us no less than 21 days prior to the proposed installation date. Any carriage or restocking costs incurred (including the cost of returning items already sent to us) together with the cost of any non-returnable items ordered for you will be deducted from your deposit and the remainder refunded to you within 21 days.
  5. Save as set out in paragraph 8(d) if a contract is cancelled, then at the entire discretion of the Company, upon the Customer’s Breach, the Company may seek to recover damages up to the full estimated price.
  6. These terms and conditions shall not be construed to affect the statutory or common law rights of the purchaser or the Company.

 

Copies of these Terms & Conditions are attached to paper-based, electronic & email correspondence sent by the Company and copies are displayed and called to Customers’ attention in Company premises, in correspondence and on the website. In accepting any opinions, publications, goods or services from the Company, Customers accept that all such communications and transactions are limited and controlled by these Terms & Conditions.