Terms & Conditions

In these conditions the following expressions shall have the following meanings:
“The Seller” means The Electric Heating Co. Ltd., Unit 40, Block 5, Third Road, Blantyre Industrial Estate, Blantyre, Glasgow G72 0UP and “the Buyer” means the distributor or customer who purchases Goods directly from The Electric Heating Co. Ltd.
“Contract” means the contract between the Seller and the Buyer.
“Goods” means the Goods which are the subject matter of the Contract sold to the Buyer by the Seller.

1. General

1.1 All Contracts for the sale of Goods shall be upon the Terms and Conditions contained herein (the Conditions), except so far as the same has been varied in accordance with the provisions of Clauses 1.2 and 1.3 hereof.

1.2 The Conditions herein printed shall form the whole of the terms and conditions of such Contract, all orders are accepted on the Conditions, which supersede any other terms in the Seller’s brochure or elsewhere, and shall override and exclude any other terms stipulated or incorporated or referred to by the Buyer, whether in the order or in any negotiations and course of dealing established between the Buyer and the Seller.

1.3 The Conditions shall not be varied or added to by reference, incorporation or otherwise unless such variations or additions have been made by express written agreement between the Seller and the Buyer. The signing by the Seller or any of the Buyer’s documentation shall not imply any modifications of the Conditions.

1.4 For the purpose of the Conditions, communications made between the Seller and the Buyer by electronic mail shall be regarded as being made in writing and signed by the party sending the electronic mail communication.

1.5 The Seller reserves the right to correct any clerical or typographical errors made by its employees at any time.

2. Orders & quotations

Orders are subject to our acceptance. Quotations are without engagement and are subject to Goods being available when the order is received. Quotations are subject to withdrawal at any time before receipt of an unqualified order from the Buyer and shall be deemed to be withdrawn if no such order is received within 30 days from their date unless otherwise stated in writing by the Seller at the time of quoting. The Seller reserves the right not to complete an order it the Buyer’s credit worthiness subsequently proves unsatisfactory.

3. Prices

3.1 The price For the Goods are those set out in The Electric Heating Co. Ltd price list.

3.2 All prices quoted by the Seller are ex-works and are the net prices and therefore exclusive of Value Added Tax. The Buyer shall pay all taxes in respect of the Goods together with transport costs to the Seller for delivery of the Goods to the Buyer.

3.3 The Seller shall at any time be entitled to increase the prices for the Goods should there be an increase in the cost to the Seller of purchasing any Goods or materials by reason of any foreign exchange fluctuations, alterations in any taxes or duties, variations in the costs or raw materials or components or labour or transport or by reason of any other cause whatsoever beyond the control of the Seller.

4. Payment & Accounts

4.1 Credit accounts can only be opened at the discretion of The Electric Heating Co. Ltd. and will be subject to satisfactory references, however the first order for a new account will be strictly on a pro-forma basis.

4.2 Following receipt of payment in full of the first order, standard business credit terms may be offered.

4.3 Terms of payment for credit account holders are strictly nett 30 (thirty) days from the end of the month of invoice unless otherwise agreed in writing by us and also always providing any account has been approved and opened. Payment of the account on the due date is a vital condition of the contract. In the event of non-payment in accordance with the credit terms, the whole of the price for all Goods sold by the Seller to the Buyer whether under this or any other contract shall immediately become due and payable. The Seller reserves the right to charge interest on outstanding amounts at the rate or 8% per annum above UK clearing bank base lending rate from time to time until payment is made in full.

4.4 The Electric Heating Co. Ltd. reserves the right to set a maximum amount of credit allowable upon each account and to withdraw credit facilities without explanation.

4.5 Where the Goods are to be supplied and payment is therefore to be made, the failure of the Buyer to pay in due time shall entitle the Seller to treat such failure as a repudiation of the Contract with the Buyer and to recover damages for any breach of Contract.

4.6 Time of payment by the Buyer is of the essence for each Contract.

5. Warranty

5.1 The Seller warrants that the Goods are free from any material defect in workmanship and materials for a period of 12 months (unless otherwise stated per individual product) from date of invoice or date of purchase where the product was resold through a distributor. Where supplied warranty cards must be completed and returned whilst detailing the product Serial Number for reference. The Seller’s liability under this warranty shall be limited to making available free of charge materials required to make good any defects or (at the Sellers Discretion) replacing of the defective Goods.

5.2 The Sellers liability under this warranty is also conditional upon the following:-

5.2.1 The Goods not having been subjected to any abnormal or improper use or modification.

5.2.2 The Goods having been properly stored and used by the Buyer.

5.2.3 The Goods having been installed by a competent person in line with the requirements of the product installation manual.

5.2.4 The Goods not having been damaged by the Buyer whether by accident, neglect or failure to follow instructions concerning the use of the Goods.

5.2.5 The Seller is to be notified by the Buyer within 48 hours of discovering a defect with the Goods which has been sustained during the transportation of the goods by the carrier.

5.3 Any defect Goods which cannot be made good are to be returned to the Sellers premises for investigation.

5.4 For all other conditions & requirements relating to warranty, refer to the Installation Manual for the product in question which is available upon request or alternatively visit the specific products webpage.

5.5 The Term ‘Lifetime Warranty’ covers the product for the duration of its operational life from deformation of the metal casing. Discolouration of the paint work due to age or installation  location is not covered along with accidental or third party damage.

e5.6 On larger products (as listed in 5.4.1) the Seller will provide free of charge labour (Within the United Kingdom only) and materials required to make good any defects or (at the Sellers discretion) replacing of the defective Goods. 5.5.1 Goods which are covered by clause 5.4

• Electric Radiators/Panel Heaters

• Electric Boilers

• Unvented Hot Water Cylinders

6. Limitation Of Liability

6.1 Subject to clauses 6.2, 6.3, 6.4 and 6.5 the Seller’s liability is limited to that provided in clause 5 above. The Seller shall not be liable in any circumstances to the Buyer whether by way of indemnity or by reason of breach of Contract or negligence or of breach of statutory duty or otherwise for loss or damage of any kind whether direct, indirect or consequential.

6.2 The undertaking as to the title in Section 12 of the Sale of Goods Act 1979 is not excluded.

6.3 Where the Buyer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977) the undertakings implied by Sections 13, 14 and 15 of the Sale of Goods Act 1979 are not excluded and the Buyers statutory rights are not affected.

6.4 The Seller does not exclude or restrict liability for death or personal injury resulting from its own negligence.

6.5 The Seller does not exclude any liability which may incur under the Consumer Protection Act 1987 for damage as defined in Section 5 or the Act.

7. Description & Quality

7.1 Illustrations, descriptions, weights and technical data in any of the Sellers brochures or price lists and statements (either written or oral) made by any representative of the Seller are provided to give an approximate picture and description only and do not form the basis of any contractual liability. No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising from it is hereby excluded.

7.2 Design of the Goods are subject to alteration without notice.

7.3 The Seller can accept no liability as to the suitability of the Goods for any purpose other than that specified in writing to the Buyer at or prior to time of sale.

8. Delivery/Collection

8.1 Where the Goods are to be delivered by the Seller to the Buyer, unless otherwise agreed in writing, such Goods shall be delivered by any means chosen by the Seller.

8.2 Free delivery is available to UK mainland only on order over £50. All delivery costs, unless otherwise agreed in writing, will be charged to the Buyer.

8.3 The Seller will make every effort to avoid delay but no responsibility is undertaken for meeting any specific delivery dates. Accordingly no liability, will be accepted for any direct or indirect loss which may be caused by delayed delivery whether brought about by a cause beyond the control of the Seller or not.

8.4 The Seller shall be entitled to deliver the Goods in one or more consignments unless otherwise expressly agreed.

8.5 Where the Goods are lost or damaged in transit, two clear days notice are required to be given to the carrier of such loss or damage. The Buyer shall notify the Seller of such loss or damage in transit within two days of delivery or non-delivery to the Buyer’s premises to enable the Seller to notify the carrier of the claim.

8.6 Where the Goods are to be collected by the Buyer, the Seller shall notify the Buyer of the availability of such Goods for collection by written notice of availability. Such Goods shall be collected within five days of the date of such notice of availability. Failure by the Buyer to collect the Goods within the five day period shall entitle the Seller to repudiate the Contract and the Buyer shall be liable for any costs, losses or expenses arising from the Buyer’s failure to collect the Goods.

9. Passing Of Risk

9.1 Where Goods are to be delivered to the Buyer the Goods shall be at the Buyer’s risk from the time of delivery of the Goods to the Buyer.

9.2 All Goods collected by the Buyer shall be at the Buyer’s risk from time of collection.

9.3 The Seller shall not be liable for any loss of any kind to the Buyer arising from any damage to the Goods occurring after the risk has passed to the Buyer howsoever caused, nor shall any liability of the Buyer to the Seller be diminished or extinguished by such loss.

10. Retention Of title

10.1 Title of the Goods agreed to be sold shall remain with the Seller until all sums due to the Seller from the Buyer have been paid in full.

10.2 Without prejudice to any of its other rights, the Seller may recover or resell the Goods supplied and may enter upon the Buyer’s premises by its servants or agents for the purpose of:-

10.2.1 Any payment due by the Buyer to the Seller is overdue in whole or in part; or any steps are being taken with a view to any of the Buyer’s Affiliates or any of their assets becoming subject to any form or winding-up, administration receivership, insolvency proceedings, bankruptcy, arrangements with creditors generally, enforcement of security or legal process or repossession; or

10.2.2 The Seller has reasonable grounds to believe that the Buyer is insolvent or that the Seller’s rights to receive payment or its interest in the Goods is likely to be in jeopardy.

10.2.3 The Buyer ceases or threatens to cease to carry on trading.

10.2.4 The Buyer is in breach of any provision or these Conditions.

10.2.5 Until such time as the Buyer becomes the owner of the Goods’ supplied it will store them on its premises separately from its own Goods or those or any other person and in a manner which makes them readily identifiable as the Goods of the Seller.

10.3 Until title of the Goods has passed to the Buyer hereunder the Buyer shall not:-

10.3.1 Pledge the Goods or its documents of title thereto, or allow any credit to arise thereon;

10.3.2 Deal with or dispose of the Goods or documents of title thereon or any interest therein (other than by a sale by the Buyer as principle to an independent purchaser buying for full value in the ordinary course of the Buyer’s business).

10.3.3 Hold itself out as the Seller’s agent in respect of the Goods.

10.4 Until such time as the Buyer becomes the owner of the Goods supplied to it, it will keep the Goods properly insured for not less than their current Contract value.

10.5 The Electric Heating Co. Ltd. do not offer a Sale or Return Policy.

10.6 All court costs for recovery action will be at the sole responsibility of the Buyer and are fully recoverable from the Buyer.

11. Use Of Goods

If the Goods are resold by the Buyer, the Buyer shall bring to the attention of its purchaser all the Seller’s instructions and/or recommendations for use packed by the Seller with the Goods or referred to in the Seller’s brochures which the Seller has otherwise notified to the Buyer. Further on such resale the Buyer shall exact an enforceable undertaking from its purchaser not to remove any plaque or other label affixed to the Goods referring any user thereof to the Seller’s instructions and/or recommendations for use.

12. Termination

12.1 If the Buyer fails to take and pay for Goods sold in accordance with the Contract the Seller shall be at liberty to treat the Contract as repudiated without prejudice to the Seller’s right to recover from the Buyer by way of damages any loss or expense which the Seller may suffer or incur by reason of the Buyer’s default and the Seller shall be entitled to dispose of the Goods as they see fit and shall not be under any liability to account to the Buyer for the price received thereof or otherwise.

12.2 The Seller shall have the right to immediately terminate the Contract at any time upon occurrence of any of the events specified in Clause 10.2. Upon any such termination the Seller shall have the right to be paid the price of the Goods manufactured or supplied to the date of cancellation and the Buyer shall take over and pay for at the current price of such materials as have been allocated by the Seller to the Contract.

13. Cancellation

13.1 The Seller acknowledges that the Buyer has the right to cancel or return their Goods within 14 days from purchase as set out in the Consumer Contract Regulations 2013, Consumer Rights Act 2015, and the E-Commerce Regulations 2002. This means that during the relevant 14 day period, if the Buyer changes their mind for any reason and does not want to keep a Product, they can notify the Seller by phone or e-mail of their decision to cancel the contract and receive a refund. In the event that the Buyer purchased the Goods via finance the no-quibble return period is reduced to 10 days. This is because the finance provider only allows 14 days for the loan to be cancelled.

The Buyer’s legal right to cancel does not apply in the case of:

• Products made specifically for the Buyer or clearly personalised (special order/custom made)
• Products which become mixed inseparably with other items after their delivery.
• Extended warranties where the Buyer has had a repair carried out on the product covered, within 14 days of purchasing the warranty.
• Individual items which were sold within a package.

Your legal right to cancel a Contract starts from the date of the Acceptance Confirmation (the date on which we contact you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.

13.2 Refunds will be processed in full back onto the same credit or debit card used to pay once cancellation has been confirmed and Goods returned to the Seller. If you cancel your contract the Seller will;

13.2.1 Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop;

13.2.2 Refund you the price you paid for the Services but only to the extent that they have not been performed. You must pay for the supply of the Services for the period for which they have been supplied up until the time of cancellation. The price for Services supplied shall be determined in proportion to the full value of the Services to be performed under the Contract. We will not begin to supply any Services before the end of the cancellation period unless you expressly request that we do so in writing and acknowledge that your cancellation rights will be lost once the Services have been performed in full;

13.2.3 Refund delivery costs (where you have paid for delivery) limited to the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if you place your order on a Friday and we offer delivery of the Product on the following Monday at one cost but you choose to have the Product delivered at the weekend at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and make any refunds due to you as soon as possible and in any event within the deadlines indicated below: (a) if you have received the Product and we have not offered to collect it from you, you will receive your refund within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; (b) if you have not received the Product or you have received it and we have offered to collect it from you, you will receive your refund 14 days after you inform us of your decision to cancel the Contract; and (c) in respect of any Services that you have prepaid for, you will receive your refund 14 days after you inform us of your decision to cancel the Contract.

If you have returned the Products because they are faulty or not as described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us.

13.3 Buyers which have purchased Goods under a B2B (business to business) contract are exempt from the 14 day cancellation period unless the order was processed online as defined by the E-Commerce regulations 2002. B2B Buyers may cancel any contracts before the Goods are dispatched by the Seller, once Goods are dispatched any requests to cancel will be processed as per clause 14.6 & 14.7.

14. Returns

14.1 In the unfortunate event that you receive a damaged product, please contact us within 48 hours to exchange it for the same product. When contacting us, please try to provide us with pictures of your delivery in the state in which it arrived. If your product is delivered on a Friday, please ensure you contact us no later than close of business on the following Monday (or Tuesday should the Monday be a Bank Holiday). EHC will arrange uplift of the damaged item and cover the return carriage costs. We check all items returned as damaged or defective. In the event we find no fault, we reserve the right to recover our delivery costs, fees and expenses from you.

14.2 In the unfortunate event that the customer thinks the product is defective within the relevant warranty period the customer requires to contact the Seller as soon as possible. Our Technical Team or an EHC Accredited Heating Contractor will determine if the product is indeed defective and implement the procedure stated in section 5.Where a product or part is replaced under warranty the faulty item requires to be returned to the Seller within 14 days, the customer is responsible for contacting the Seller to arrange the uplift & return.

Once we receive the defective product at our Warehouse, our Technical Team will undertake a thorough review of the product to determine why the defect arose. If the faulty item is not returned or upon inspection our Technical Team determine there is no defect with the product, we reserve the right to charge for the replacement item including any carriage costs incurred.

14.3 If the Buyer chooses to return the Goods due to the Goods being no longer wanted, the Buyer will be responsible for the return postage. The Seller can arrange return carriage for the Goods which the Buyer is responsible for covering the cost, precise costs of collection will be provided prior to collecting any Products and collection will only go ahead if the Buyer agrees to pay the cost of carriage.

The Seller has the right to refuse the return of any product which is classed as “custom made” or “special order” where there is no damage on delivery or defect with these Goods. Any product being returned must not have been removed from their original packaging, installed, mounted or used in any way and must be returned with all original packaging. All Goods are checked on return. In the event we find a fault with or damage to the product, we reserve the right to re-charge you for the items and to recover our fees and expenses from you.

14.4 In the event where the Buyer has removed the packaging from the product or tried to install the product but now wish to return it, there will be a re-stocking charge for the product of 40%. The product must be returned to us in the original packaging.

14.5 Any requests by the Buyer to return Goods out with the 14 day period will be at the discretion of the Seller and will incur a 40% restocking charge. We can not accept any returns after a period of 30 days from the date of purchase.

14.6 Return of Goods from B2B contracts are exempt from the 14 day period. All returns must be in original packaging and will incur a 40% restocking charge plus any return carriage costs incurred by the Seller. The Seller has the right to refuse the return of any Goods which are classed as “custom made” or “special order” where there is no damage on delivery or defect with these Goods. All Goods are checked on return. In the event we find a fault or damage to the Goods, we reserve the right to refuse the return of Goods.

14.7 Where a Buyer wishes to exchange a product purchased through a B2B contract a 20% restocking charge will be applied along with any carriage costs incurred during the return and re-delivery of Goods.

15. Law

Any Contract between the Seller and the Buyer shall be given by and contend in accordance with Scottish Law and the Buyer submits to the jurisdiction of the Scottish Courts but the Seller may enforce any judgement in any Court of competent jurisdiction.

16. Variations

We may revise these Terms & Conditions of use at any time by amending this page. You are expected to check these T&C’s from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms & Conditions of use may also be superseded by provisions or notices published elsewhere on our Website or within publications.

17. Force Majeure

The Seller shall be relieved of all liability otherwise arising under this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Seller, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be, prevented, avoided or removed by the Seller, and (ii) such circumstance materially and adversely affects the ability of the Seller to perform its obligations under this Agreement, and such Seller has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Sellers ability to perform its obligations hereunder this Agreement and to mitigate the consequences thereof.

Instances of Force Majeure

Events of Force Majeure shall include, but not be limited to the following Force Majeure Events:

• fire, chemical or radioactive contamination, earthquakes, lightning, hurricanes, floods, Snow or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, plague or other natural calamities and acts of God;
• explosion, accident, breakage of a plant or equipment, structural collapse, or chemical contamination (other than resulting from an act of war, terrorism or sabotage), caused by a person not being the affected Party or one of its contractors or subcontractors or any of their respective employees or agents;
• to the extent that they do not involve the United Kingdom or take place outside of the United Kingdom, acts of war (whether declared or undeclared), invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage;
• Strikes, lockouts, work stoppage, labour disputes, and such other industrial action by workers related to or in response to the terms and conditions of employment with our suppliers/manufacturers.
• Any legal requirements enforced on the Seller by a Competent Authority including passing of statue, decree, regulation, rule, or other legislative or judicial instrument.

Notice of an Event of Force Majeure

If a Seller wishes to claim protection in respect of an Event of Force Majeure, it shall, as soon as possible following the occurrence or date of commencement of such Event of Force Majeure, notify the other Buyer of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the other Buyer informed until such time as it is able to perform its obligations. The Seller & Buyer shall use their reasonable endeavours to:
(i) Overcome the effects of the Event of Force Majeure;
(ii) Mitigate the effect of any delay occasioned by any Event of Force Majeure, including by recourse to alternative mutually acceptable (which acceptance shall not be unreasonably withheld by either Party) sources of services, equipment and materials; and
(iii) Ensure resumption of normal performance of this Agreement as soon as reasonably practicable and shall perform their obligations to the maximum extent practicable, provided that neither Party shall be obliged to settle any strike, lock out, work stoppage, labour dispute or such other industrial action by its employees.

WEEE Distributor Obligations

As a Producer under the UK WEEE Regulations, The Electric Heating Company complies with its Producer Obligations by being registered as a Member of the WEEECare Compliance Scheme and obtaining the WEEE Producer Registration Number – WEE/AG1149YY

As a Distributor under the UK WEEE Regulations, The Electric Heating Company allows for its customers and end users of the EEE placed on the market in the UK to return WEEE back to us free of charge on a like-for-like basis for new EEE purchased. Such WEEE can be returned to the following location: Unit 40, Block 5, Third Road, Blantyre Industrial Estate, Glasgow. G72 0UP

If you would prefer us to collect your WEEE from your premises, please contact us as there will be a collection charge for such WEEE from your premises and delivery of such WEEE to an Approved Authorised Treatment Facility (AATF). The charge will only cover the cost of transportation and handling and will not include any cost in relation to the treatment or reprocessing of WEEE as defined by the Regulations.

Alternatively, there is a network of recycling centres across the UK where consumers and end users of WEEE can also take WEEE free of charge to be discarded, reused and/or recycled. The complete list of locations can be found at: www.recyclenow.com