Terms and conditions

TERMS & CONDITIONS


 

General terms and conditions
These terms and conditions of sale shall form part of and govern any contract resulting from the supply of any goods issued by Passive House Systems Ltd (the Seller) to any person, firm, company, governmental or other authority (the Buyer). By accepting delivery of the products and services described in the Seller’s invoice or other Seller documentation the Buyer agrees to be bound by and accepts these terms and conditions of sale.

General
The following terms and conditions apply to orders, deliveries and services (including additional services such as proposals and consultations) Business correspondence printed by data processing systems (e.g. order confirmations invoices, credit notes, payment reminders) is also legally binding without being signed.  Any deviations from these conditions shall only be effective if expressly agreed to in writing by both the Seller and the Buyer.

Trade Customers
If you are a Trade Customer – please contact us and we will discuss your requirements. Enter your code in the ‘’coupon’’ box on the checkout page. Promo codes might be used only once and they are not valid with any sale items.

Ordering/Payment
Orders are accepted only upon and subject to the Seller’s conditions of sale as printed herein.  Orders are not binding on the Seller until accepted by the Seller.  Terms of payment are within the Seller’s sole discretion. Your order is accepted while you receive the e-mail confirmation. Your details are confidential and won’t be shared with the third parties. The information about you that we may collect, will be used only for the update of your personal account and the Newsletter. In case if we won’t have all of the ordered products in stock – you will be offered alternatives or you can apply for the refund, which will be given to you no later than in 10 working days from the date when we accept that it’s due. The entirety of these terms and conditions form part of the contract between the parties unless expressly agreed otherwise in writing.

We reserve the right to make special invoices for more favourable conditions. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. The Seller may invoice parts of an order separately. The Buyer agrees to pay interest on all past-due sums at the highest rate allowed by law. Statement & reminder of payment are sent as a Buyer expense. The Buyer is responsible for, and will indemnify and hold the Seller harmless from, any applicable sales, use or other taxes associated with the order. Buyer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Buyer will be responsible for all of the Seller’s costs of collection, including court costs, filing fees and legal fees.

Prices displayed in the Online Shop are in pound sterling (£) and they include VAT. The order won’t be dispatched until we receive the full payment, unless other terms are agreed. The price of the products doesn’t include the shipment, which is being charged separately. Available payment options:

  • Direct Bank Transfer (DBT),
  • PayPal (with your bank account),
  • PayPal (with your credit card),

Unauthorized deductions shall be subsequently debited with costs.  Any delay in payment is subject to arrears charges (e.g. reminders cost £10.00 per reminder) and interest on arrears of 1% per month from the due date.  In addition to the aforementioned interest on arrears and arrears charges, the Customer is liable to pay any collection costs incurred after the settlement date of the invoice, including operating and process costs (min. 7% of the invoice amount plus any expenses incurred in accordance with standard rates).  We are entitled to assign rights accruing from any invoice demand to a third party.  Notification of the assignment will then be indicated on the invoice.

Quotations
All quotations are without engagement. They are subject to technical product changes or advancements. All technical documents remain the intellectual property of the Seller or the Seller’s suppliers.  They must neither be copied, nor disclosed to third parties without the expressed approval of the Seller. Unless otherwise stated the quotation expires 30 days after the quote date.

Public statements made by the Seller or by product manufacturers or any involved third party, particularly in advertisements and information enclosed with goods, shall only become contractual contents if they form a written basis of the quotation of if they are expressly referred to in the quotation.

Prices
Prices without indicated quantities are unit prices. Offsetting of counter-claims or retentions of payments for whatever reason on part of the client shall not be permissible without express agreement. Any warranty claims asserted by the client shall not entitle the client to withhold agreed payments. Our prices are not binding and can be changed at any time without prior notification.  Our prices unless otherwise stated are quoted ex warehouse. The purchaser shall be invoiced for any additional costs incurred for speed goods, express delivery, bulky goods, etc. The prices valid on the day of delivery apply for orders for which no price was agreed upon. Confirmed prices only apply once delivery has been taken of the confirmed amounts.

Shipping and Acceptance conditions
The Buyer shall inspect and accept the goods at the specified place of acceptance immediately after receipt of goods or shall have the goods inspected and accepted by an authorised person. If the Buyer expressly or implicitly waives such inspection, the object of the purchase shall be deemed duly delivered and accepted.

Order changes/cancellations
This requires The Seller’s prior consent.  Costs that have already accrued shall be born by the Buyer and shall be invoiced.  Call-off orders over a limited period of time must be made within the agreed time. Please contact us before 2.00 p.m. if you wish to amend your order.

Retention of title
Goods will remain the property of the Seller until payment in full is received. The risk of the goods shall pass over to the Buyer on delivery. The Buyer will be responsible for all shipping and related charges. The Seller exclusively reserves title on all goods delivered.  The risk of the goods shall pass over to the Buyer on delivery. The Buyer assumes ownership on full settlement of all outstanding costs owed to the Seller.  If the goods delivered by the Seller are mixed or combined with any other objects, the Buyer cedes (co-) ownership to the Seller of the end product.  The Seller must be immediately informed in writing of any impairment of property rights by third parties, e.g. as a result of attachment and the Seller’s property rights shall be confirmed to the third parties as well as to the Seller.  Should the Buyer default on any payment, the Seller is entitled to redeem goods supplied and obtain immediate possession themselves or through authorized third persons.   If goods are combined or mixed with other objects, the assignment of future claims is limited to the invoice value of the Seller’s invoices together with costs.  In the event of default of payment, stoppage of payment, opening of bankruptcy proceedings, judicial or extrajudicial composition proceedings or any other financial collapse of the Buyer; the Seller revoke authorization for collecting the claim. 

Accelerated Clause
If the Buyer is in default with a contractual payment or part of such payment over more than 14 days, The Seller shall be entitled to accelerate settlement of the entire residual purchase price (residual invoice amount) for the immediate payment. Moreover, the entire residual claim shall immediately fall due for payment if execution is unsuccessful levied against the clients’ assets, if the forced sale of the Buyer’s real property or the sequestration of such real property is approved of if the client’s financial soundness and creditworthiness deteriorate in any other way. Cases for this acceleration clause shall entitle the Seller to immediately withdraw from the contract.

Delivery
Products will be delivered to the address specified by you on the checkout page. We are shipping to the addresses within the UK -- Mainland, Wales, Southern Scotland and Northern Ireland. The cost of delivery is obligatory if the total value of the order is under £300. Otherwise we provide our customers with free shipping, at our discretion.

UK & Wales:

  • Charge for orders £100 - £200 - £24;
  • Charge for orders £200 - £300 - £12.

Scotland & Northern Ireland:

  • Charge for orders £100 - £200 - £36;
  • Charge for orders £200 - £300 - £24.

Deliveries are made by the UK Mail. Delivery time may vary, but normally it shouldn’t take more than 2 working days. Orders that are placed before 12.00 noon, Monday-Friday (except Bank Holidays) can be dispatched on the same day. On delivery goods must be signed for by a person aged +18 years.

The delivery time shall, with all due foresight, be indicated and maintained as precisely as possible, without being able, however, to guarantee this date.  In particular, this applies in the event of force majeure (e.g. strikes, lock-outs, operational disruption and other unforeseeable circumstances). Compensation claims or order cancellations due to late delivery cannot be accepted.  If delivery is not accepted by the Buyer on the agreed date, the Seller is entitled to invoice the goods and store them at the expense and risk of the Buyer or to demand compensation.  Call-off orders must indicate an approximate time.  The Seller reserves the right to only order the material after receiving the order, so the definite delivery date shall be treated the same as for a new order.

Claims
Complaints about missing parts, visible defects, etc., can only be considered on delivery of goods.  The Buyer shall be liable for loss or damage to goods in transit caused by rail or postal services must be made against them as soon as possible, as they will otherwise disclaim any liability.

Returned Goods
Returned goods can only be accepted if this has been agreed in advance with the Seller, no later than 10 days from receipt, with return shipping covered by Buyer. Furthermore, we will only accept catalogue-related articles delivered by us which are still included in the delivery programme at the time of returning the goods, are still in brand new condition, in their original packaging and fit for resale.  The material shall be returned postage paid and notification given in due time.  In normal cases, 15% of the testing and administration fees shall be debited for the credit note.  In addition, this includes any repair costs and the outgoing freight costs if the delivery was post paid.  If credit notes have not yet been issued, this does not give entitlement to reserve payment.  We reserve the right to demand the invoice number and date to make large deductions or to refuse to accept goods if an item had to be specially manufactured for the Buyer.

WarrantyGuarantee
Both the warranty and the guarantee periods shall respectively commence upon the issue date of the Seller’s delivery. Warranty shall, at the discretion of the Seller, be effected by means of repair of the purchased object or replacement of the faulty parts, exchange or price reductions. All incurred wages and cost of installation and disassembly shall be borne by the Buyer. Unless agreed otherwise in writing the Seller warrants the solar collectors for 10 years, calculated from the date of delivery, other supplied components (excluding cylinders) are warranted for 3 years from time of delivery.  The Seller reserves the right to impose special warranty periods for individual items.  The warranty covers the performance stipulated in the catalogue and the faultless condition products.  The Seller strictly disclaims any further obligations, in particular the acceptance of compensation, replacement and assembly costs.  Interference by the Buyer within the warranty period without the express consent of the Seller absolves the Seller of any warranty obligations.  The Buyer is responsible for insuring against any water damage.  Excluded from the warranty is damage caused by incorrect installation, incorrect use and incorrect maintenance.  Also excluded from the warranty are parts that are subject to natural wear and tear (seals, electrical parts, etc.) Minor colour deviations and or surface impairments which have no economically relevant influence on the collectors’ function shall also be excluded from the guarantee. Liability for damage caused by force majeure and malfunctions attributable to improper mounting and/or installation of the products shall be excluded. The Seller does not accept any liability for possible consequential costs.

Illustrations, dimensions, weight
These are not binding.  We reserve the right to make structural changes.  In special cases, binding dimensioned sketches shall be required.

Liability
All compensation claims beyond the scope of the warranty are also excluded (e.g. due to delays impossible of performing the service, culpable breach of contract, culpa in contrahendo and tort)

Commissioning of systems
If system parts have to be initially put into operation by us at the wish of the Buyer or in accordance with regulations, or our presence is demanded at the initial start up, then the required time must be separately invoiced.

Place of jurisdiction
These terms and conditions of sale and any sale hereunder shall be governed by the Laws of the Republic of Ireland.

Contact us
If you have any queries don’t hesitate to contact us via:

  • phone: +44 845 4591500,
  • e-mail: info[at]passivehousesystems.co.uk
  • or by post:
    Passive House Systems Ltd
    Brickfield Business Centre
    High Road,
    Thornwood,
    Epping, Essex,
    CM16 6th, UK.