Krueger Limited Terms and Conditions
FORMATION OF CONTRACT
The contract between Krueger Limited and the Purchaser comprises the Confirmation of Order signed by Krueger Limited (the ‘Order’) and these Terms & Conditions. Any other terms proposed by the Purchaser are excluded.
PRICE & PAYMENT
The Price and payment terms are set out in the quote/order/invoice. If payment terms are not set out in the quote/order/invoice, payment is due within Nett 30 days of the date of each invoice for trade customers; unless a separate agreement has been made. Krueger Limited will send out a mid-month and end of month statement advising of invoices due. If the customer identifies that an invoice is missing off the statement it is their responsibility to contact Krueger Limited and ask for a copy invoice before the payment is due, this does not extend the payment due date. Any trade accounts that are overdue will be put on immediate hold and no goods will be dispatched or works carried out until the account is back within the agreed limit. Any trade accounts that are late with payments on more than 3 occasions will have their credit account closed and all future invoices will be on a pro-forma basis. Trade customers that receive a settlement discount are only able to use it if paid within Nett 20 days. For retail customer’s payment is due on receipt of invoice. All installations require a deposit to the value of all materials to be used and full settlement 5 working days after completion.
Where the Services include supply of materials or labour, the Supplier may vary the agreed price to take account of any increased costs.
The Supplier reserves the right to charge interest on any overdue payment in accordance with the Late Payment of Commercial Debts (Interest) Act. Krueger Limited will take legal action to recover any overdue debts and the customer will be liable for all costs.
Also, the Supplier will be entitled to cancel the Order and/or suspend the Services if any payment is not made on the due date by the Client. All prices quoted are exclusive of VAT.
REFUNDS AND RETURNS
A refund will be given only with proof of purchase and within 14 days of purchase. A refund will not be given on any Electrical items that have been removed from packaging. We are under no obligation to accept the return of goods supplied to customers’ orders. Where such goods are accepted for return we reserve the right to make a handling charge. Any Mechanical items will be subject to a 15% handling charge.
We reserve the right to make cancellation charges for any orders cancelled prior to delivery. Where goods have been ordered to customers’ individual specification the cancellation charge maybe higher.
If the Purchaser/Client wishes to change anything in the Order, Krueger Limited will inform the Purchaser/Client whether it is willing to agree to the change and, if so, what will be the impact on the price and delivery date. If these changes are accepted the price and delivery date will be adjusted by Krueger Limited. A request to reduce the quantity of Products ordered will not result in a price reduction unless otherwise agreed by Krueger Limited.
All delivery dates given by Krueger Limited are given in good faith but dates are not guaranteed and Krueger Limited will not be liable to the Purchaser for any delay in delivery.
Delivery will occur when the Purchaser collects (or arranges collection) of the Products from Krueger Limited’s premises, unless different delivery arrangements are agreed in the Order (at the Purchaser’s expense). If the Purchaser does not collect the Products within 7 days of the delivery date Krueger Limited may charge a reasonable amount for storage pending collection by the Purchaser. All deliveries must be ticked and signed for as un-checked and possibly damaged or ticked as checked once such checks have been carried out. Any discrepancies must be reported within 24hrs.
OWNERSHIP & RISK
The risk of loss or damage to the Products passes to the Purchaser upon delivery or 7 days after Krueger Limited has notified the Purchaser that the Products are ready for collection at its premises if the Purchaser has not collected them by then.
Ownership of the Products will remain with Krueger Limited until payment in full of all amounts due from the Purchaser have been received by Krueger Limited.
WARRANTY & LIABILITY
Krueger Limited will exercise reasonable skill and care in the manufacture or preparation of Products (where applicable).
Any defects should be notified within one month of delivery and the defective Product returned to Krueger Limited at the Purchaser’s expense. When Krueger Limited accepts that the defect is due to faulty workmanship or materials Krueger Limited will have the option either to repair or replace the defective Product.
The warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Purchaser to adhere to Krueger Limited’s recommendations.
All terms, conditions and warranties implied by law, trade use or otherwise (including but not limited to any warranties as to quality or fitness for purpose) are excluded to the extent permitted by law. The Client acknowledges that the only warranties are those given expressly by the Supplier in these Conditions.
Purchases and Installations of heaters come with a full 3 year or 96,000 miles (whichever is sooner) manufactures warranty. Any parts used for a Service/Repair come with a 1 year warranty, this excludes any consumables used- a full list of consumables is available upon request. This warranty applies only to the part used and does not alter or extend the original manufactures warranty.
A copy of the manufactures warranty is available upon request.
Krueger Limited will not have any liability to the Buyer if prevented from performing the Contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, Krueger Limited reserves the right to cancel or delay the Order.
All designs and intellectual property rights in Products are and will remain the sole property of Krueger Limited. Under no circumstances will the Purchaser copy or make use of any of Krueger Limited’s designs and other intellectual property rights.
If the Purchaser/Client (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, Krueger Limited shall be entitled to cancel the contract and repossess any Products for which payment has not been received in full.
LAW & DISPUTES
The contract between Seller and Purchaser/Client is governed by English law.
Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English courts.