Terms and Conditions
Our Terms and conditions can be read below, please select from the three versions below that relate to different products and services we offer. If you have any further questions please don’t hesitate to get in touch with the team.
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Please read these Terms carefully. Your Range Cooker order made with Highfield Chimney Solutions Ltd is subject to these Terms. We may change the Terms from time to time and you are advised to review these Terms before confirming an order.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms, except where the context indicates otherwise, the following phrases will have the following meanings:
"The Manufacturer" means the company from which we purchase your Range Cooker..
"Highfield Chimney Solutions Ltd" is the independent reseller operating from Unit 1, Cheraleen, The Showroom, Rue d’Olive, St. Mary, Jersey, JE3 3BJ.
"Cancellation Period" shall have the meaning given to it at clause 9.2.
"Data Protection Law" means all applicable laws and regulations in Jersey relating to data privacy, including (for so long as and to the extent that they apply) the General Data Protection Regulation and Jersey’s Data Protection Law 2018.
"Goods" means the products which we are selling to you as set out in the Order.
"Order" means the product confirmed from the invoice at the time you make the initial payment
"Terms" means the terms and conditions set out in this document.
"Unexpected Event" shall have the meaning given to it in clause 12.
"we", "us" means Highfield Chimney Solutions Ltd.
"you", "your" or “Customer” and related expressions means the person to whom the Order is addressed.2 BASIS OF CONTRACT
2.1 These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale and purchase of the Goods. Please check that the details in the Order are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you make the initial payment, because you will be bound by the Terms once the payment has been made, in accordance with clause 2.4.
2.2 If and to the extent that any of these Terms conflict with or are inconsistent with the details of the Order, the Order details shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 Subject to clauses 2.3, 2.5, 2.6 and 4.1, these Terms shall be binding upon you and us once the payment has been made, at which point a contract shall come into existence between us.
2.5 We make every effort to ensure that all our prices are correct, however, should any price prove to be wrong, any offer to purchase our products at the misquoted price will be automatically invalid and will be rejected by us. Even if the Order has been accepted by us, we reserve the right to cancel that Order on notice to you. In the event that an Order is placed for a product with a misquoted price we will contact you to inform you of this. You will then have the option to accept the correct price or decline, at which point you will be given a full refund for any payments made for those particular Goods.
2.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, or for any other change in our business. You will be subject to the policies and Terms in force at the time that a binding contract comes into existence in accordance with clause 2.4, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed that we have not yet fulfilled).3 THE GOODS
3.1 The Goods benefit from the manufacturer’s warranty as communicated at time of purchase.
3.2 We, nor the Manufacturer, will not be responsible for any problems with the Goods arising from:
3.2.1 fair wear and tear, wilful damage, accident, negligence, or abnormal storage or working conditions by you or any third party;
3.2.2 use of the Goods in a way that we do not recommend;
3.2.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or
3.2.4 any alteration or repair you carry out without prior written approval from the Manufacturer.
3.3 This clause 3 is without prejudice to your statutory rights as a consumer. Advice about your legal rights is available from Citizens' Advice Jersey or the trading standards office.4 PRICE AND PAYMENT
4.1 Subject to clause 2.5, the price of the Goods shall be as set out on your estimate / invoice. We reserve the right to update our prices from time to time without providing specific notice to you. Some of the Manufacturer’s products require the purchase of items from third parties whose prices and availability can vary substantially sometimes at short notice. If as a result of such price fluctuations or change in availability we are unable to supply the Goods at the agreed price, we will notify you of this fact and you will be entitled to cancel the Order if the revised price is not acceptable to you and receive a refund for any sums paid.
4.2 The price excludes VAT and includes GST which will be charged at the rate applying at the time of payment.
4.3 The product price excludes delivery to Jersey and these costs will be detailed on your estimate / invoice for you to accept at that time. Any additional delivery costs identified by us after the order has been placed shall be confirmed to you at the earliest opportunity. Should these be unacceptable, you can cancel the Order without charge.4.4 To confirm your Order, and for us to be able to place the Order with the Manufacturer, We require full payment of the total cost of the Goods which is non-refundable as per clause 9.2.
4.5 Where a delivery date is confirmed and then changed by the Customer within 5 working days of the delivery date the Customer will be subject to an additional redelivery charge of £500.
4.6 Where a delivery date is confirmed and then changed by the Customer within 2 working days the delivery date the Customer will be subject to an additional redelivery charge of £700.
4.7 We accept payment by Visa and Mastercard credit and debit cards.
4.8 All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding.5 WHO WILL MANAGE YOUR ORDER
5.1 We will manage your information under Data Protection Laws.
5.1.2 We may share your information with selected subcontractors to fulfill your Order who will act as data processors under our control.6 DELIVERY
6.1 The Goods will be delivered to your delivery address specified on the Order.
6.2 If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we may deliver the Order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment, or one of the installments is faulty, that will not entitle you to cancel any other installment.
6.3 Any delivery dates set out by us are target dates only and we cannot guarantee delivery at any particular time or date.
6.4 If you cancel a delivery date without sufficient notice, you may incur an additional re-delivery charge. Please see clauses 4.5 and 4.6 for further details.
6.5 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses of storage; and
6.5.2 you may incur an additional re-delivery charge as set out in clause 4.6; and
6.5.3 we shall have no liability for late delivery.
6.6 We may decline to deliver the Goods if:
6.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.6.2 the premises (or the access to them) are unsuitable for the delivery vehicle we use.7 RISK AND TITLE
7.1 The Goods will be your responsibility from the time of delivery.
7.2 Ownership of the Goods will pass to you when we receive payment in full of all sums due for the Goods (including any applicable delivery charges) and the appliance is delivered.8 LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Neither you nor we shall be responsible for losses that result from our own failure to comply with these Terms. This includes your failure to comply with any of our instructions of use or guidelines in relation to the Goods.
8.3 Neither you nor we shall be responsible for any indirect or consequential losses including, but not limited to, losses that fall into the following categories:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of anticipated savings;
8.3.4 loss of data; or
8.3.5 any waste of time.
However, this clause 8.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.4 Neither of us will exclude or limit in any way our own liability for:
8.4.1 death or personal injury caused by our negligence; or
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any losses which cannot be excluded or limited under applicable law,9 YOUR RIGHTS TO CANCELLATION
9.1 You may, at any time before payment of the Goods, amend an Order by providing Highfield Chimney Solutions Ltd with written notice.
9.2 Once You have paid for the Goods and We have placed the order with the Manufacturer, the full price of the Goods paid is non refundable.
9.3 Please note that you will be liable for payment of any installation and delivery costs if your Goods are installed and you subsequently decide to cancel your contract for your Goods. These costs will be calculated as costs incurred up to the point of cancellation, in proportion to the value of the whole contract.10 RETURN OF DEFECTIVE GOODS
10.1 In the unlikely event that the Goods do not conform with these Terms, including the Warranty, please let us know as soon as possible.
10.2 We will, at our option:
10.2.1 inspect the Goods at your premises and attempt to repair the Goods at your premises;
10.2.2 collect the Goods on a date agreed between you and us; or
10.2.3 We will you return the Goods to the Manufacturer
10.3 Once we have checked and established that the Goods are defective, we may at our option repair or replace the Goods.
10.4 These Terms at clause 10 also apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are defective or do not otherwise conform with these Terms.
10.5 This clause 10 is without prejudice to any of your statutory rights as a consumer.11 WAIVER AND VARIATIONS
11.1 If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
12 UNEXPECTED EVENT
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an "Unexpected Event").
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, pandemic, epidemic, spread of infectious diseases, government lock downs or other similar restrictions, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes an difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Unexpected Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Unexpected Event to a close or to find a solution by which the obligations that we have under these Terms can be performed despite the Unexpected Event.13 GENERAL
13.1 Any contract made under these Terms shall be governed by Jersey law and you and we both agree that the Jersey courts will have a non-exclusive jurisdiction over any claims and disputes arising from or in relation to the contract and your purchase of the Goods, including (without limitation) the validity, existence and termination of any contract.
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Please read these Terms carefully. Your stove order made with Highfield Chimney Solutions Ltd is subject to these Terms. We may change the Terms from time to time and you are advised to review these Terms before confirming an order.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms, except where the context indicates otherwise, the following phrases will have the following meanings:
"AGA Rangemaster Limited" means a company registered in England and Wales under Registered Number 03872754. Registered office – Meadow Lane, Long Eaton, Nottingham, NG10 2GD.
"Highfield Chimney Solutions Ltd" is the independent AGA reseller operating from Unit 1, Cheraleen, The Showroom, Rue d’Olive, St. Mary, Jersey, JE3 3BJ.
"Cancellation Period" shall have the meaning given to it at clause 9.2.
"Data Protection Law" means all applicable laws and regulations in Jersey relating to data privacy, including (for so long as and to the extent that they apply) the General Data Protection Regulation and Jersey’s Data Protection Law 2018.
"Goods" means the products which we are selling to you as set out in the Order.
"Order" means the product confirmed from the invoice at the time you make the initial payment
"Terms" means the terms and conditions set out in this document.
"Unexpected Event" shall have the meaning given to it in clause 12.
"we", "us" means Highfield Chimney Solutions Ltd.
"you", "your" or “Customer” and related expressions means the person to whom the Order is addressed.2 BASIS OF CONTRACT
2.1 These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale and purchase of the Goods. Please check that the details in the Order are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you make the initial payment, because you will be bound by the Terms once the payment has been made, in accordance with clause 2.4.
2.2 If and to the extent that any of these Terms conflict with or are inconsistent with the details of the Order, the Order details shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 Subject to clauses 2.3, 2.5, 2.6 and 4.1, these Terms shall be binding upon you and us once the payment has been made, at which point a contract shall come into existence between us.
2.5 We make every effort to ensure that all our prices are correct, however, should any price prove to be wrong, any offer to purchase our products at the misquoted price will be automatically invalid and will be rejected by us. Even if the Order has been accepted by us, we reserve the right to cancel that Order on notice to you. In the event that an Order is placed for a product with a misquoted price we will contact you to inform you of this. You will then have the option to accept the correct price or decline, at which point you will be given a full refund for any payments made for those particular Goods.
2.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, or for any other change in our business. You will be subject to the policies and Terms in force at the time that a binding contract comes into existence in accordance with clause 2.4, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed that we have not yet fulfilled).3 THE GOODS
3.1 The Goods benefit from the manufacturer’s warranty as communicated at time of purchase.
3.2 We, nor AGA Rangemaster Ltd, will not be responsible for any problems with the Goods arising from:
3.2.1 fair wear and tear, wilful damage, accident, negligence, or abnormal storage or working conditions by you or any third party;
3.2.2 use of the Goods in a way that we do not recommend;
3.2.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or
3.2.4 any alteration or repair you carry out without prior written approval from AGA Rangemaster.
3.3 This clause 3 is without prejudice to your statutory rights as a consumer. Advice about your legal rights is available from Citizens' Advice Jersey or the trading standards office.4 PRICE AND PAYMENT
4.1 Subject to clause 2.5, the price of the Goods shall be as set out on your estimate / invoice. We reserve the right to update our prices from time to time without providing specific notice to you. Some of AGA Rangemaster Ltd’s products require the purchase of items from third parties whose prices and availability can vary substantially sometimes at short notice. If as a result of such price fluctuations or change in availability we are unable to supply the Goods at the agreed price, we will notify you of this fact and you will be entitled to cancel the Order if the revised price is not acceptable to you and receive a refund for any sums paid.
4.2 The price excludes VAT and includes GST which will be charged at the rate applying at the time of payment.
4.3 The product price excludes delivery to Jersey and these costs will be detailed on your estimate / invoice for you to accept at that time. Any additional delivery costs identified by us after the order has been placed shall be confirmed to you at the earliest opportunity. Should these be unacceptable, you can cancel the Order without charge.4.4 To confirm your Order, and for us to be able to place the Order with AGA Rangemaster Ltd, We require full payment of the total cost of the Goods which is non-refundable as per clause 9.2.
4.5 Where a delivery date is confirmed and then changed by the Customer within 5 working days of the delivery date the Customer will be subject to an additional redelivery charge of £500.
4.6 Where a delivery date is confirmed and then changed by the Customer within 2 working days the delivery date the Customer will be subject to an additional redelivery charge of £700.
4.7 We accept payment by Visa and Mastercard credit and debit cards.
4.8 All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding.5 WHO WILL MANAGE YOUR ORDER
5.1 We will manage your information under Data Protection Laws.
5.1.2 We may share your information with selected subcontractors to fulfill your Order who will act as data processors under our control.6 DELIVERY
6.1 The Goods will be delivered to your delivery address specified on the Order.
6.2 If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we may deliver the Order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment, or one of the installments is faulty, that will not entitle you to cancel any other installment.
6.3 Any delivery dates set out by us are target dates only and we cannot guarantee delivery at any particular time or date.
6.4 If you cancel a delivery date without sufficient notice, you may incur an additional re-delivery charge. Please see clauses 4.5 and 4.6 for further details.
6.5 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses of storage; and
6.5.2 you may incur an additional re-delivery charge as set out in clause 4.6; and
6.5.3 we shall have no liability for late delivery.
6.6 We may decline to deliver the Goods if:
6.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.6.2 the premises (or the access to them) are unsuitable for the delivery vehicle we use.7 RISK AND TITLE
7.1 The Goods will be your responsibility from the time of delivery.
7.2 Ownership of the Goods will pass to you when we receive payment in full of all sums due for the Goods (including any applicable delivery charges) and the appliance is delivered.8 LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Neither you nor we shall be responsible for losses that result from our own failure to comply with these Terms. This includes your failure to comply with any of our instructions of use or guidelines in relation to the Goods.
8.3 Neither you nor we shall be responsible for any indirect or consequential losses including, but not limited to, losses that fall into the following categories:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of anticipated savings;
8.3.4 loss of data; or
8.3.5 any waste of time.
However, this clause 8.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.4 Neither of us will exclude or limit in any way our own liability for:
8.4.1 death or personal injury caused by our negligence; or
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any losses which cannot be excluded or limited under applicable law,9 YOUR RIGHTS TO CANCELLATION
9.1 You may, at any time before payment of the Goods, amend an Order by providing Highfield Chimney Solutions Ltd with written notice.
9.2 Once You have paid for the Goods and We have placed the order with AGA Rangemaster Ltd, the full price of the Goods paid is non refundable.
9.3 Please note that you will be liable for payment of any installation and delivery costs if your Goods are installed and you subsequently decide to cancel your contract for your Goods. These costs will be calculated as costs incurred up to the point of cancellation, in proportion to the value of the whole contract.10 RETURN OF DEFECTIVE GOODS
10.1 In the unlikely event that the Goods do not conform with these Terms, including the Warranty, please let us know as soon as possible.
10.2 We will, at our option:
10.2.1 inspect the Goods at your premises and attempt to repair the Goods at your premises;
10.2.2 collect the Goods on a date agreed between you and us; or
10.2.3 We will you return the Goods to AGA Rangemaster Ltd.
10.3 Once we have checked and established that the Goods are defective, we may at our option repair or replace the Goods.
10.4 These Terms at clause 10 also apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are defective or do not otherwise conform with these Terms.
10.5 This clause 10 is without prejudice to any of your statutory rights as a consumer.11 WAIVER AND VARIATIONS
11.1 If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
12 UNEXPECTED EVENT
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an "Unexpected Event").
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, pandemic, epidemic, spread of infectious diseases, government lock downs or other similar restrictions, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes an difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Unexpected Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Unexpected Event to a close or to find a solution by which the obligations that we have under these Terms can be performed despite the Unexpected Event.13 GENERAL
13.1 Any contract made under these Terms shall be governed by Jersey law and you and we both agree that the Jersey courts will have a non-exclusive jurisdiction over any claims and disputes arising from or in relation to the contract and your purchase of the Goods, including (without limitation) the validity, existence and termination of any contract.
-
Please read these Terms carefully. Your AGA Rangemaster Ltd order made with Highfield Chimney Solutions Ltd is subject to these Terms. We may change the Terms from time to time and you are advised to review these Terms before confirming an order.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these Terms, except where the context indicates otherwise, the following phrases will have the following meanings:
"AGA Rangemaster Limited" means a company registered in England and Wales under Registered Number 03872754. Registered office – Meadow Lane, Long Eaton, Nottingham, NG10 2GD.
"Highfield Chimney Solutions Ltd" is the independent AGA reseller operating from Unit 1, Cheraleen, The Showroom, Rue d’Olive, St. Mary, Jersey, JE3 3BJ.
"Cancellation Period" shall have the meaning given to it at clause 9.2.
"Data Protection Law" means all applicable laws and regulations in Jersey relating to data privacy, including (for so long as and to the extent that they apply) the General Data Protection Regulation and Jersey’s Data Protection Law 2018.
"Goods" means the products which we are selling to you as set out in the Order.
"Order" means the product confirmed from the invoice at the time you make the initial payment
"Terms" means the terms and conditions set out in this document.
"Unexpected Event" shall have the meaning given to it in clause 12.
"we", "us" means Highfield Chimney Solutions Ltd.
"you", "your" or “Customer” and related expressions means the person to whom the Order is addressed.2 BASIS OF CONTRACT
2.1 These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale and purchase of the Goods. Please check that the details in the Order are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you make the initial payment, because you will be bound by the Terms once the payment has been made, in accordance with clause 2.4.
2.2 If and to the extent that any of these Terms conflict with or are inconsistent with the details of the Order, the Order details shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 Subject to clauses 2.3, 2.5, 2.6 and 4.1, these Terms shall be binding upon you and us once the payment has been made, at which point a contract shall come into existence between us.
2.5 We make every effort to ensure that all our prices are correct, however, should any price prove to be wrong, any offer to purchase our products at the misquoted price will be automatically invalid and will be rejected by us. Even if the Order has been accepted by us, we reserve the right to cancel that Order on notice to you. In the event that an Order is placed for a product with a misquoted price we will contact you to inform you of this. You will then have the option to accept the correct price or decline, at which point you will be given a full refund for any payments made for those particular Goods.
2.6 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, or for any other change in our business. You will be subject to the policies and Terms in force at the time that a binding contract comes into existence in accordance with clause 2.4, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed that we have not yet fulfilled).3 THE GOODS
3.1 The Goods benefit from the manufacturer’s warranty as communicated at time of purchase.
3.2 We, nor AGA Rangemaster Ltd, will not be responsible for any problems with the Goods arising from:
3.2.1 fair wear and tear, wilful damage, accident, negligence, or abnormal storage or working conditions by you or any third party;
3.2.2 use of the Goods in a way that we do not recommend;
3.2.3 your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or
3.2.4 any alteration or repair you carry out without prior written approval from AGA Rangemaster.
3.3 This clause 3 is without prejudice to your statutory rights as a consumer. Advice about your legal rights is available from Citizens' Advice Jersey or the trading standards office.4 PRICE AND PAYMENT
4.1 Subject to clause 2.5, the price of the Goods shall be as set out on your estimate / invoice. We reserve the right to update our prices from time to time without providing specific notice to you. Some of AGA Rangemaster Ltd’s products require the purchase of items from third parties whose prices and availability can vary substantially sometimes at short notice. If as a result of such price fluctuations or change in availability we are unable to supply the Goods at the agreed price, we will notify you of this fact and you will be entitled to cancel the Order if the revised price is not acceptable to you and receive a refund for any sums paid.
4.2 The price excludes VAT and includes GST which will be charged at the rate applying at the time of payment.
4.3 The product price excludes delivery to Jersey and these costs will be detailed on your estimate / invoice for you to accept at that time. Any additional delivery costs identified by us after the order has been placed shall be confirmed to you at the earliest opportunity. Should these be unacceptable, you can cancel the Order without charge.4.4 To confirm your Order, and for us to be able to place the Order with AGA Rangemaster Ltd, We require full payment of the total cost of the Goods which is non-refundable as per clause 9.2.
4.5 Where a delivery date is confirmed and then changed by the Customer within 5 working days of the delivery date the Customer will be subject to an additional redelivery charge of £500.
4.6 Where a delivery date is confirmed and then changed by the Customer within 2 working days the delivery date the Customer will be subject to an additional redelivery charge of £700.
4.7 We accept payment by Visa and Mastercard credit and debit cards.
4.8 All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding.5 WHO WILL MANAGE YOUR ORDER
5.1 We will manage your information under Data Protection Laws.
5.1.2 We may share your information with selected subcontractors to fulfill your Order who will act as data processors under our control.6 DELIVERY
6.1 The Goods will be delivered to your delivery address specified on the Order.
6.2 If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we may deliver the Order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment, or one of the installments is faulty, that will not entitle you to cancel any other installment.
6.3 Any delivery dates set out by us are target dates only and we cannot guarantee delivery at any particular time or date.
6.4 If you cancel a delivery date without sufficient notice, you may incur an additional re-delivery charge. Please see clauses 4.5 and 4.6 for further details.
6.5 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses of storage; and
6.5.2 you may incur an additional re-delivery charge as set out in clause 4.6; and
6.5.3 we shall have no liability for late delivery.
6.6 We may decline to deliver the Goods if:
6.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.6.2 the premises (or the access to them) are unsuitable for the delivery vehicle we use.7 RISK AND TITLE
7.1 The Goods will be your responsibility from the time of delivery.
7.2 Ownership of the Goods will pass to you when we receive payment in full of all sums due for the Goods (including any applicable delivery charges) and the appliance is delivered.8 LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Neither you nor we shall be responsible for losses that result from our own failure to comply with these Terms. This includes your failure to comply with any of our instructions of use or guidelines in relation to the Goods.
8.3 Neither you nor we shall be responsible for any indirect or consequential losses including, but not limited to, losses that fall into the following categories:
8.3.1 loss of income or revenue;
8.3.2 loss of business;
8.3.3 loss of anticipated savings;
8.3.4 loss of data; or
8.3.5 any waste of time.
However, this clause 8.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.4 Neither of us will exclude or limit in any way our own liability for:
8.4.1 death or personal injury caused by our negligence; or
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any losses which cannot be excluded or limited under applicable law,9 YOUR RIGHTS TO CANCELLATION
9.1 You may, at any time before payment of the Goods, amend an Order by providing Highfield Chimney Solutions Ltd with written notice.
9.2 Once You have paid for the Goods and We have placed the order with AGA Rangemaster Ltd, the full price of the Goods paid is non refundable.
9.3 Please note that you will be liable for payment of any installation and delivery costs if your Goods are installed and you subsequently decide to cancel your contract for your Goods. These costs will be calculated as costs incurred up to the point of cancellation, in proportion to the value of the whole contract.10 RETURN OF DEFECTIVE GOODS
10.1 In the unlikely event that the Goods do not conform with these Terms, including the Warranty, please let us know as soon as possible.
10.2 We will, at our option:
10.2.1 inspect the Goods at your premises and attempt to repair the Goods at your premises;
10.2.2 collect the Goods on a date agreed between you and us; or
10.2.3 We will you return the Goods to AGA Rangemaster Ltd.
10.3 Once we have checked and established that the Goods are defective, we may at our option repair or replace the Goods.
10.4 These Terms at clause 10 also apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are defective or do not otherwise conform with these Terms.
10.5 This clause 10 is without prejudice to any of your statutory rights as a consumer.11 WAIVER AND VARIATIONS
11.1 If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
12 UNEXPECTED EVENT
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an "Unexpected Event").
12.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, pandemic, epidemic, spread of infectious diseases, government lock downs or other similar restrictions, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes an difficulty in obtaining supplies.
12.3 The obligations we have under these Terms are suspended for the period that the Unexpected Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Unexpected Event to a close or to find a solution by which the obligations that we have under these Terms can be performed despite the Unexpected Event.13 GENERAL
13.1 Any contract made under these Terms shall be governed by Jersey law and you and we both agree that the Jersey courts will have a non-exclusive jurisdiction over any claims and disputes arising from or in relation to the contract and your purchase of the Goods, including (without limitation) the validity, existence and termination of any contract.