Information About Us

Think Electric Heating Ltd (“Think” otherwise referred to as “we”, “us” or “our” ) , a company registered in England & Wales under company number 11535376 with its registered office located at Unit 11, Elm Court, Newbridge Road, Ellesmere Port, Cheshire. CH65 4LY.

General

These Terms apply to any orders you place through our website or direct with Think for products (Products) and any contract (Contract) we make with you in response to your order. You should print a copy of these Terms for your future reference.

Please note that our Conditions of Website Use and Cookies Policy also apply to your general access and use of our website, and our Privacy Policy applies to our use of your personal information. We recommend that you read these carefully.

Making a purchase

Pricing

We list all our prices exclusive of VAT. Please note that all our prices are subject to change without notice, so please check prices carefully before placing your order. On rare occasions, we may accidentally list an incorrect price for a Product on our website. Where the Product’s correct price is less than the listed price, we will charge you the lower amount when processing your order. However, if the Product’s correct price is higher than our listed price, we’re under no obligation to provide the Product to you at the incorrect (lower) price, even after we’ve sent you an order confirmation e-mail. In this situation, at our discretion we’ll either contact you for instructions before dispatching the Product, or reject your order and notify you of this.

Delivery costs

Some of our Products are heavy items – Sunamps are 100kgs upwards depending on the model and may take specialist lifting equipment to move. We recommend our specialist delivery service that will deliver the product to the position of installation.

Our standard delivery will only deliver a pallet to the roadside/pavement, from this point you will be responsible for moving the unit. The cost of standard delivery is usually £150 excluding VAT per pallet. We may on occasion run promotions that offer standard delivery for free or at other rates.

We offer a Special Delivery to point of installation via our delivery partner specialist who come armed with a range of powered stair climbers to deliver to your/customer’s address and bring the Sunamp to the exact point of installation at an agreed approximate time and exact date.

This Special Delivery service can overcome most problems associated with access to properties and with lifting up or down stairs. Operatives undergo an extensive training programme to ensure complete compliance to health and safety procedures, care towards the item being moved and the route taken. All stair climbing operations are carried out to specific risk assessment and method statements.

Special Delivery prices are £325 (excluding VAT) for one unit, per address. Additional units to the same address are charged at an additional £250 per unit. Special Delivery area exclusions apply.

When and where we deliver

Pallet delivery is available Monday to Friday (except Bank Holidays), between 9am and 5pm. We do not make deliveries over the weekend. Pallet delivery is available to all mainland locations in England, Scotland and Wales, and the Isle of Wight. We may be able to deliver to the Isle of Man, and some other locations, however, an extra charge will apply to these deliveries. Please note, if you are based outside of the UK, you should make your own arrangements to have the order delivered to a UK address, collected from the UK or arrange for a delivery to be made outside of the UK.

To check whether we can deliver to your area, please call our Customer Service Team on 01244 732705.

The Products within your order must be delivered to a single address.

Placing your order

You must accept these Terms in full before your order can be placed. We do not knowingly sell to children, so you must be aged 18 or over to place an order with us. Our online order process lets you check and amend any errors before submitting your order to us. Please take the time to read and check your order carefully at each stage of the process. Please make sure that you provide your correct phone number and email address when you place your order. When you place your order, this represents an offer to purchase Products from us. We will send you an email to confirm that we have received your order. However, this order confirmation email does not mean that we have accepted your order (see below).

How to pay

You can only pay for Products ordered through our website or over the phone by debit or credit card. We accept Visa and Mastercard credit cards, and Maestro, Delta and Visa Electron debit cards. We’ll take payment for your order, including delivery charges, from your debit or credit card at the time you place your order (unless you have received our prior express written (including email) agreement to any longer period for payment). However, this doesn’t mean that your order has been accepted and if we reject your order for any reason (see below), or we can’t supply the Products you’ve ordered, we’ll credit your payment card with a full refund where payment has already been made.

Accepting your order, your Contract with us and situations where we may have to reject your order

Your order will be automatically accepted when we dispatch your Products unless we reject your order (see below) and provided that we’ve received payment in full for the Products and any related delivery charges. The Contract between us is formed at the time we dispatch your Products. If your order is dispatched in more than one delivery or for more than one collection, each dispatch will form a separate Contract covering the Product(s) delivered or collected under that dispatch. Without affecting your Consumer Cancellation Right (see below), you can cancel your order for a Product at no cost, at any time before we dispatch that Product. However, if we have already ordered a Product to your specific measurements, or personalised it for you in any other way, this right to cancel does not apply. Before we have accepted your order, we reserve the right to tell you that your order has been rejected for any reason. In particular, all orders are subject to stock availability. We will tell you as soon as possible if we cannot supply one or more of the Products that you have ordered. If we cannot contact you about these out-of-stock Products, we will accept your order for the Products we do have in stock. If you have already paid for the unavailable Products, we will give you a refund for their purchase price.

Delivery

Timescales for delivery

We will always try our best to meet the estimated delivery timescales we give you. However, we won’t be held responsible for any failure to deliver your order within the stated timescales, provided we deliver the Products within 60 days of receiving your payment, or within a longer time period if we’ve expressly agreed this with you. If we cannot deliver your order within this timescale, we will let you know and give you the opportunity to either wait for the Products or cancel your Contract. If you choose to cancel, we will give you a full refund including any delivery charges that apply. Please note that we cannot be held responsible for any charges made by fitters or tradesmen as a result of your order not being delivered.

Number of deliveries

We will always try to make one single delivery where possible, to minimise inconvenience. However, this may not always be possible. Where your order contains a mix of Products with different delivery lead times, the longest lead time will always apply to the entire order.

Receiving your deliveries

All deliveries must be received and signed for by a person aged 18 or over. If no one is available to take the delivery, we will call you to arrange a suitable date and time for re-delivery. We may need to make an additional handling charge for this. If no one is available to receive the re-delivery, we may cancel your order and refund your payment, minus any delivery and handling charges.

Faulty Products and Products delivered damaged

Your rights

In the unlikely event that a Product is faulty, not as described or delivered damaged, your rights are set out in our Returns & Refunds Policy. If you are ordering Products from us as a consumer rather than in the course of your business, you may have additional legal rights and nothing in these Terms will affect these rights.

If there are any issues with the Products you have ordered, please contact us straightaway so we can help. You can email us at sales@thinkelectricheating.co.uk or call us on 01244 732705. Please have your order number to hand as well as details of the affected Product(s). If we offer you a refund, this will be credited to the card or account used to purchase the affected Product(s).

Statutory right to cancel if you are a consumer

Consumer Cancellation Right

If you’re ordering Products from us as a consumer, you have a statutory right to cancel any online or telephone orders (excluding orders for bespoke or made-to-measure Products) and receive a full refund, including standard delivery charges. This is your Consumer Cancellation Right and it applies in addition to any other rights set out under these Terms and our Group Sale Terms.

How to exercise your Consumer Cancellation Right

To exercise your Consumer Cancellation Right, you must contact us at any time before the Products are dispatched or within 14 days of delivery or collection (depending on which method applies), starting on the day after your delivery is made or on the day after the Products are collected. If your order is delivered or collected in multiple instalments, the 14 day period starts the day after the last instalment is delivered or collected. If we receive your cancellation notice outside these timeframes, your Consumer Cancellation Right will not apply. Please also note that if you exercise your Consumer Cancellation Right after the Products have been delivered or collected, you’ll be responsible for returning the Products to us at your own cost and within 14 days of cancelling your order.

How to claim a refund

In order to claim a refund, first, you would need to inform our Support Team at Think Electric Heating Ltd about your intention to return the Product within the respective time period. Then we will provide you with instructions on how to return the Product(s). After that you can proceed with sending the Product(s) back. Bear in mind that you take full liability in case the shipment gets lost on the way back to us.

Once received, the returns will be inspected upon arrival. The Product must be returned in its original packaging and un-used (unless there is a fault). We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed and sent back to you within 14 days of us receiving the returned goods. The refund will be equal to the full amount you have paid for your order. On rare occasions, if the unit is not received in re-sellable condition, we have the discretionary right to charge out-of-pocket expenses to refurbish it (up to 20% of the unit cost).

Refunds will not be offered if you have damaged an item by trying to repair it yourself or getting someone else to do it.

Your refund when you exercise your Consumer Cancellation Right

We will refund your returned Products as soon as possible and no later than 14 days after receiving them back. The refund will be made to the debit or credit card you used to pay for the Products. Please note that we have the right to reduce the amount of your refund to reflect any decrease in the Products’ value that has resulted from the manner in which you have handled them.

Other cancellations/returns

Unless you have a Consumer Cancellation Right or faulty/defective Product, any cancellations/returns and refunds are at our discretion. To enquire about cancellations and returns, please email sales@thinkelectricheating.co.uk or call us on 01244 732705 with your order number, postcode and phone number.

Other important terms

If any part of these Terms is found to be invalid or unenforceable then, to the extent that it is invalid or unenforceable, the part in question will be treated as if it has been severed from these Terms. If this happens, the remaining parts of these Terms will continue in full force and effect. We reserve the right to make changes to these Terms in the future without giving notice. Any changes will be posted to this website and will take effect immediately. Therefore, you should read these Terms each time you access this website and before placing an order with us. These Terms and any Contracts shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.

If you are not satisfied with your purchase, please contact us at info@thinkelectricheating.co.uk or call us on 01244 732705. We will try to resolve any issues that you have as quickly as possible. If you are a consumer who purchased online and remain unhappy with our final response, you may access the European Commission’s Online Dispute Resolution Portal available at http://ec.europa.eu/consumers/odr/

(Last Updated November 2020)

THINK ELECTRIC HEATING FULL SALE TERMS AND CONDITIONS

(GOODS AND SERVICES) NOVEMBER 2020

Your attention is in particular drawn to terms 4 and 9.

If you are a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) we recognise that you may have additional rights under statute if we fail to carry out our obligations to you and for the return of defective goods and confirm your statutory rights are not affected by these terms.

1. Definitions and Interpretations

1.1 In these terms “we” or “us” means the member company of Think Electric Heating Ltd specified in the Contract for the sale of goods and/or services to you; “you” means the person, firm or company who purchases the goods and/or services from us; and “our” and “your” shall be construed accordingly and “Contract” means any order which has been accepted by us.

1.2 References to any statutory provision shall include (i) any subordinate legislation made under it (ii) any provision which it has modified or re-enacted and (iii) any provision which subsequently supersedes it or re-enacts it.

2. Application of Terms

2.1 These terms apply to all sales of goods and/or services by us to the exclusion of all other Terms (including any which you purport to apply) unless expressly agreed in writing in advance by one of our Directors.

2.2 Each order or acceptance of a quotation for goods and/or services by you shall be deemed to be an offer by you to buy goods and/or services subject to these Terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until written confirmation of order is issued by us or (if earlier) we begin to process your order. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).

2.3 You acknowledge that you have not relied on any statement or representation made or given on our behalf. Any estimate of quantities needed, advice as to the suitability of any goods for a particular purpose and any plan or measurement given by us is given for guidance only (based on your information) and without liability on our part. No allowance is made by us for additional materials, wastage or installation. You must satisfy yourself that all goods and/ or services ordered are correct.

2.4 Any typographical error or clerical omission in any sales literature, quotation, price list or other document issued by us may be corrected without liability on our part.

2.5 Information about how we use and store your personal information, and your rights, can be found on our credit/trade account application form and/or in the Privacy Policy available on our website and as updated from time to time.

3. Description of Goods

3.1 The quantity and description of the goods are set out in our quotation or confirmation of order. We may supply goods in either metric or imperial sizes in the nearest equivalent measure and goods may be charged in metric allowing for conversion.

3.2 All samples, drawings, descriptive matter, specifications and advertising are issued or published for the sole purpose of giving an approximate idea of the described goods. They shall not form part of the Contract and this is not a sale by sample. Each order shall be considered a separate order and we are unable to guarantee that further orders for the same goods will match the previous order.

3.3 Where fine or special tolerances are required in the goods supplied beyond those generally accepted in the building trade, no liability shall attach to us unless such tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.

4. Delivery of Goods

4.1 Unless otherwise agreed by us, delivery of the goods shall take place at our place of business. Delivery shall occur when you take possession of the goods at our premises or (where we agree to deliver) when the goods are ready for unloading at the delivery address.

4.2 Any dates and times we specify for delivery of the goods are an estimate. We shall not be liable to you if we do not deliver on or at any particular date or time. Time for delivery shall not be made of the essence by notice.

4.3 If you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided appropriate instructions, documents or consents, we shall be entitled to immediate full payment, and risk in the goods shall pass to you. We may store such goods until delivery, and you shall be liable for all related costs and expenses arising from such non-delivery including transport and storage costs. If you fail to accept delivery of the goods within 6 months of the date of Contract, we may sell or dispose of those goods (whether or not you have paid for them). Storage or disposal costs shall be recoverable from you. Any net proceeds of any sale shall be held on trust for you.

4.4 We will deliver to site provided that there is a suitable road to the point where delivery is requested. If no such road exists, delivery will be made to the nearest point at which, in the driver’s opinion, the vehicle can safely and lawfully unload. Except where we use a vehicle-mounted crane/ fork truck, you shall be responsible for safely and lawfully unloading the goods and shall provide all necessary labour and equipment. We may charge you an additional fee if you delay in taking delivery of the goods when tendered. If any goods, packaging or container has been delivered and deposited, whether on the public highway or elsewhere, you shall be responsible for all steps that need to be taken for the protection of persons or property in relation to such goods, packaging or containers and shall indemnify us in respect of all or any costs, claims, losses or expenses which we may incur as a result of such delivery.

4.5 We shall not be liable for any shortages in quantity delivered unless you give written notice to us of such shortages within two working days of delivery. In any event, our liability shall be limited to making good the shortfall or (at our option) issuing a credit note or refund at the pro rata Contract rate against any invoice raised for such goods.

4.6 We may deliver the goods by separate instalments. Each instalment shall be a separate Contract and cancellation or termination of one instalment shall not entitle you to cancel any other instalment.

4.7 Any query about delivery shall be made as soon as possible and in any event within 28 days of the date when the goods would in the ordinary course of events have been delivered, else the goods shall be deemed to have been delivered in accordance with the Contract. We are not obliged to provide proof of delivery and/or collection after a period of 28 days.

4.8 We shall not be responsible for taking back any non-chargeable packaging/pallets.

4.9 The cost of any testing of the goods that we deem is necessary, whether or not in your presence, will be charged to you unless prior written agreement has been obtained from us. If you (or your representative) delay in attending such tests, after seven days’ notice of the place and time of such tests, the tests will proceed in your absence and shall be deemed to have been carried out in your presence.

5. Risk and Ownership of Goods

5.1 The goods are at your risk from the time of delivery or deemed delivery.

5.2 Ownership of the goods shall not pass to you until we have received in full (in cleared funds) all sums due to us in respect of the goods and all other sums which are or become due to us from you on any account or (if later) the time of delivery.

5.3 Until ownership of the goods has passed to you, you shall hold the goods on a fiduciary basis as our bailee and store the goods (at no cost to us) in satisfactory condition and in such a way that they remain readily identifiable as our property and you shall tell us immediately where the goods are situated.

5.4 Subject to 5.5, you may re-sell the goods before ownership has passed to you provided that any sale shall be effected in the ordinary course of your business at full market value and you shall deal as principal; you shall hold all proceeds of sale on trust for us and assign to us all rights and claims which you may have against your customer arising from such sales until full payment is made.

5.5 Your right to possession of, and authority to sell, the goods shall terminate immediately (and you shall immediately deliver the goods to us at your cost and risk) if we notify you to such effect or on the happening of any event set out in ‘10.3’ (whichever is earlier) and you shall immediately notify us in writing upon the happening of any such event.

5.6 You grant to us and our agents an irrevocable licence at any time to enter any premises (with and without vehicles) where the goods are or may be stored in order to inspect them or, where your right to possession has terminated, to recover them.

5.7 Where we are unable to determine whether any goods are the goods in respect of which your right to possession has terminated, you shall be deemed to have sold all goods of the kind sold by us to you in the order in which they were invoiced to you.

6. Provision of Services

6.1 Where the goods supplied include services by us, our agents or sub-contractors, you shall (where necessary) allow us safe and reasonable access to the site within our normal working hours to carry out the services.

6.2 The price quoted for such services assumes that:

(a) the site is ready and suitable for the services to commence at the agreed time;

(b) the services are to be carried out within our normal working hours;

(c) suitable site access is available at all times; and

(d) adequate mechanical lifting equipment is provided by you in the event that the services are to be carried out above ground level.

If any of these assumptions proves incorrect, we shall be entitled to vary the price.

6.3 You shall provide a safe environment and all necessary consents, information and resources for us, our agents and sub-contractors to carry out the services.

6.4 In relation to any installation services, you are responsible for insuring the goods (whether before or after installation) and shall notify your insurers that we will be carrying out such services on site. You must protect carpets, furniture and all other items.

6.5 Any dates and times we specify for commencement and completion of the services are an estimate. We shall not be liable if we do not carry out the services on or at any particular date or time. Time for performance shall not be made of the essence by notice.

6.6 If we provide design services, all copyright and other intellectual property rights created, developed or used shall remain the sole property of us or our licensors.

7. Price and Additional Charges

7.1 Unless we otherwise agree in writing, the price payable for the goods and/or services shall be the price applicable on the date of delivery or deemed delivery for goods and the date the services are carried out for services.

7.2 The price for the goods and/or services shall be exclusive of any value added tax, which shall be payable by you at the rate applicable at the tax point.

7.3 We may at any time after acceptance of an order, but prior to delivery, revise the price payable for the goods and/or services to take account of increases in costs including, without limitation, costs of any goods or materials, carriage, labour or overheads, the increase or imposition of any tax duty or other levy and variation in exchange rate.

7.4 Unless we otherwise agree in writing, we may charge you the cost of delivering the goods to you.

7.5 We may charge for any special packaging to cover the cost of labour and materials. We will charge for pallets, crates and cases but these charges will be credited in full if such items are returned to us carriage paid and in good condition within seven days of delivery. Where we agree to collect such pallets, crates and cases, you shall make such items available for collection on request.

8. Payment and Interest

8.1 Payment for goods and/or services supplied during a month on a credit account shall be due and paid in full in one payment not later than the last day of the month following the month of delivery or deemed delivery of the goods and/ or services. If you default in making payment, the entire balance of your account shall be payable immediately and we may charge interest together with costs and expenses in accordance with 8.4.

8.2 For non credit account purchases, payment shall be with the order or, at our discretion, on delivery or deemed delivery.

8.3 Time for payment shall be of the essence. You shall make all payments in pounds sterling and in full without any deduction.

8.4 If you fail to pay us any sum due (and whether or not any part of your account is subject to query), we may, in addition to our rights under 10.3, appropriate any payment made by you to such of the goods and/or services (or such goods or services supplied under any other contract between you and us) as we may think fit; and you shall be liable to pay us interest on such sum at the annual rate of 4% above the base lending rate from time to time of Barclays Bank Plc, accruing on a daily basis, or, at our option, interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002) from the due date for payment until payment is made in full, whether before or after any judgement, together with all costs and expenses incurred by us in recovering sums due or exercising our rights under this provision, including our debt recovery fees at a rate of 6% of the total amount outstanding.

8.5 Credit accounts are opened at our discretion and are subject to satisfactory references. We will set a maximum amount of credit allowable upon each account and withdraw credit facilities at any time without explanation. Payments made to an account may at our discretion restore your ability to borrow again (in which case it shall be up to the limit). You agree that we may obtain, retain and provide to third parties, references as to your financial standing. Any change in the constitution of your organisation must be notified to us in writing prior to it occurring in order that credit facilities to the reconstituted organisation may be put in place, subject always to our discretion and our confirmation in writing. Until new credit facilities are agreed, the existing entity and any new entity shall be jointly and severally liable for any debt due to us.

9. Liability

9.1 If any goods or services are defective due to defective workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or rectify the defective service or refund the price of such defective goods or services at the pro rata Contract rate provided that:

(a) you give us written notice of the defect within seven days of the date of delivery or completion of the services or, in the case of a defect which is not discoverable upon reasonable examination, within seven days of the time when you discover or ought to have discovered the defect (and in any event within twelve months from the date of delivery or completion of the services);

(b) we are given a reasonable opportunity after receiving notice to examine such goods and/or services (in situ) and (if asked to do so by us) you return such goods to our place of business for the examination to take place there;

(c) you do not make any further use of such goods after giving such notice;

(d) the defect is not due to wilful damage, negligence (other than ours), fair wear and tear, alteration or repair of such goods without our prior written consent or incorrect storage, application, movement, installation, commissioning, use or maintenance of the goods (other than by us); and

(e) the defect is not due to any act or omission of you, your agents or contractors.

9.2 Our entire liability for defective goods and services is set out in 9.1 and, in particular, we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.

9.3 On request, we will provide information about any manufacturer’s guarantee offered and available to you in respect of the goods, but we are not legally responsible for any obligation under manufacturer’s guarantees. Where the goods contain a warranty or guarantee offered by us, please refer to the special conditions applicable on our website or available upon request.

9.4 Save as expressly set out in these Terms, all warranties and other terms implied by statute or common law (save for the term implied as to title) are, to the fullest extent permitted by law, excluded from the contract.

9.5 Our total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.

9.6 We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.

9.7 Nothing in these terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, and (c) any other matter which it would be illegal for us to exclude.

9.8 Where goods are manufactured in compliance with any designs, specifications or drawings supplied by you or your customer, you shall indemnify us against all proceedings, costs, claims, losses or demands in respect of any infringement or alleged infringement of any intellectual property rights whatsoever of third parties in any part of the world.

10. Cancellations and Returns

10.1 We may, at our discretion, accept or reject the cancellation of any Contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and, in particular, we may charge you a handling fee and all costs incurred on cancelled Orders.

10.2 Where you are a “consumer” under a “distance contract” (both as defined in the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013) you may cancel a Contract within fourteen days after the date the goods are delivered. You must return the goods at your cost. This term shall not apply to any goods specially obtained or made for you or which are liable to deteriorate or expire rapidly. Any refund will include delivery charges (where relevant).

10.3 We shall be entitled to cancel or suspend a Contract if you fail to pay us any sum due pursuant to the Contract (whether or not any part of your account is subject to query) or any of the following events occurs or we believe is likely to occur:

(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors;

or

(b) you convene a meeting of creditors or enter into liquidation; or

(c) you have a receiver and/or manager, administrator or administrative receiver appointed over your undertakings or any part;

(d) a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or

(e) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or

(f) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

(g) any event similar to the above occurs; or

(h) you fail to observe or perform any of your obligations under the Contract or any other Contract between us and you; or

(i) you encumber or in any way charge for any of the goods.

11. Health and Safety

Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. Information in respect of such goods is available from us. You undertake that you will ensure compliance by your employees, agents and customers with any instructions given by us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using or disposing of them.

12. Waste

You will be responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any goods marked with a crossed-out wheelie bin symbol, save where you are a consumer and it is our responsibility at law. You will indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this provision.

13. Force Majeure

We may defer the date of delivery, cancel the contract or reduce the volume of the goods and/or services ordered by you (without liability to you) if we are unable to deliver or supply due to any cause beyond our reasonable control (including the acts or omissions of our suppliers and sub-contractors).

14. Export/Overseas Contracts (if applicable)

In relation to goods sold outside the UK, the Channel Islands and the Isle of Man, risk in the goods shall pass to you when they leave our premises. Shipping and insurance shall be payable by you but will be managed by us unless otherwise agreed. You are responsible at your own expense for obtaining any licence and complying with any export or import regulations in force within the UK and any country for which the goods are destined. We reserve the right not to supply certain parts of the UK, customers or countries and to require from you full details of the end use and final destination of the goods.

15. Compliance with Bribery Legislation

You agree that you will not, in connection with the goods or services to be supplied under this Contract, bribe or attempt to bribe us, or any of our employees, agents or affiliates nor cause us to be in violation of any applicable bribery or anti-money laundering laws. We may terminate the Contract in the event of your breach of this clause. You shall indemnify us against all liabilities, costs, expenses, damages, claims, demands and losses suffered or incurred by us arising out of or in connection with any breach of this clause, whether or not the Contract has been terminated.

16. General

16.1 Any notices given pursuant to or in relation to the Contract shall be in writing and addressed to the party concerned at its principal place of business or last known address. Any notice shall be deemed delivered two days after posting or on the next working day after e-mail transmission.

16.2 Any provision of the Contract found to be invalid or unenforceable shall, to such extent, be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.

16.3 Failure or delay by us in enforcing any Contract term shall not be construed as a waiver of any of our rights under the Contract.

16.4 You shall not be entitled to assign or sub-contract any of your rights or obligations under the Contract.

16.5 Save for any member company of Think Electric Heating Ltd who shall be entitled to enforce any provision of the Contract, no person who is not a party to the Contract shall have a right to enforce any term of the Contract which expressly or by implication confers a benefit on that person.

16.6 Any dispute or claim arising in connection with the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts, save that if you are domiciled in Scotland (within the meaning of the Civil Jurisdiction and Judgements Act 1982) then the Contract shall be construed in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish courts.

November 2020.