ASTECtherm – Terms and Conditions

1. General

1.1 ASTECtherm refers to ASTECtherm International Limited. The Buyer refers to the person or business named on the order.
1.2 Any reference to legislation includes updates, replacements, or amendments to that legislation.
1.3 Headings do not affect how these Conditions are interpreted.
1.4 The Contract is based on these Conditions and any Conditions included in an ASTECtherm Quotation (the Quotation takes priority if terms conflict). All other terms proposed by the Buyer are excluded.
1.5 Any changes to these Conditions must be agreed in writing by ASTECtherm.
1.6 No order is accepted until ASTECtherm issues a written Order Acknowledgement or delivers the Goods.

2. Description and Quotes

2.1 The Goods are described in the Quotation, Price List, or Order Acknowledgement. Any drawings, specifications, or advertising materials are for guidance only.
2.2 ASTECtherm may change or update the Goods without liability.
2.3 Quotes are issued on the basis that no contract exists until an Order Acknowledgement has been dispatched.

3. Delivery

3.1 Goods will be delivered to the Delivery Address or collected by the Buyer from ASTECtherm’s premises at an agreed time.
3.2 Delivery or collection dates are estimates only. Time is not of the essence.
3.3 The Buyer must provide suitable labour and equipment for unloading.
3.4 ASTECtherm is not liable for losses, delays, or non-delivery, however caused.
3.5 If the Buyer fails to accept or collect Goods on the agreed date, ASTECtherm may treat the Contract as repudiated.

4. Risk and Title

4.1 Risk transfers to the Buyer when Goods are collected or received from the courier.
4.2 Title passes only when all sums owed to ASTECtherm have been paid.
4.3 Until title passes, the Buyer must:
– hold Goods as bailee for ASTECtherm
– store them clearly identified
– keep them insured at full value
– pay any insurance proceeds to ASTECtherm if requested
4.4 ASTECtherm may enter the Buyer’s premises at any time to inspect or recover Goods where title has not passed.

5. Price

5.1 Prices are as shown in the Order Acknowledgement.
5.2 Price lists may change without notice.

6. Payment – Trade Credit Accounts Only

6.1 Payment is due within 30 days of the invoice date.
6.2 Time for payment is of the essence.
6.3 Payments must be made in full without deduction or set-off.
6.4 If ASTECtherm has concerns about the Buyer’s ability to pay, it may require payment security or cancel the order.

7. Quality

7.1 Goods are warranted against defects in materials and workmanship for the period stated in writing for each product. Warranty begins on the date of delivery or collection.
7.2 ASTECtherm is not liable for defects where:
– it is not given the chance to inspect the Goods
– the Buyer continues to use the Goods after giving notice
– installation, storage, commissioning, maintenance, or use does not follow ASTECtherm guidelines
– the Goods are altered, repaired, or used with non-ASTECtherm components
7.3 Liability is limited to repair or replacement of the Goods.
7.4 No warranty is given regarding suitability for a specific location, territory, or legal requirement.

8. Limitation of Liability

8.1 This clause sets out ASTECtherm’s entire liability to the Buyer.
8.2 Nothing limits liability for death or injury caused by negligence.
8.3 ASTECtherm accepts liability relating to title under the Sale of Goods Act.
8.4 Shortages must be reported within 2 working days. Liability is limited to supplying the missing items.
8.5 The Buyer is responsible for insuring against all other losses, including consequential losses.
8.6 No liability exists for special tolerances unless agreed in writing.
8.7 Except where stated otherwise:
– ASTECtherm is not liable for indirect or consequential losses
– total liability is limited to the price paid
– all other warranties or representations are excluded

9. Indemnity

The Buyer will indemnify ASTECtherm against all claims, losses, costs, and expenses arising from:
– any event involving Goods other than injury caused solely by ASTECtherm’s negligence
– any breach of the Contract by the Buyer

10. Breach and Liquidation

10.1 ASTECtherm may terminate the Contract if the Buyer:
– breaches any term
– enters insolvency, liquidation, or administration
– has property subject to distraint or execution
10.2 ASTECtherm may cancel Goods in transit and apply a lien on all Goods in its possession for unpaid sums.
10.3 Acceptance of payment after breach does not waive ASTECtherm’s rights.
10.4 Termination does not affect existing rights or obligations.

11. Assignment

The Buyer may not assign this Contract. ASTECtherm may assign it to any third party.

12. Force Majeure

ASTECtherm may cancel or delay delivery if events beyond its control prevent performance. If such events last more than 60 days, ASTECtherm may terminate the Contract.

13. General

13.1 ASTECtherm’s rights and remedies are cumulative.
13.2 The Buyer waives all rights of set-off.
13.3 Any unlawful or unenforceable term will be severed; all others remain in force.
13.4 Delay or failure to enforce a term is not a waiver.
13.5 English law applies and the English courts have exclusive jurisdiction.

14. Communications

14.1 All communication must be in writing and sent by post or email to the registered office or nominated address.
14.2 Documents are deemed received:
– 3 days after posting
– on the same working day if emailed before 4pm; otherwise the next working day

15. Returns Policy

ASTECtherm aims to deliver high-quality products and a smooth customer experience. If you need to return an item, the following terms apply.

15.1 Right to Cancel

Consumers have the right to cancel an order within 14 days of receiving the Goods. This excludes bespoke or custom-made products.

15.2 Returning Goods

– Goods must be unused, in their original packaging, and in a resalable condition.
– Returns must be authorised in writing by ASTECtherm before being sent back.
– The Buyer is responsible for return shipping costs unless the item is faulty or incorrectly supplied.
– Returned Goods must include proof of purchase and the returns reference provided.

15.3 Non-Returnable Items

The following cannot be returned unless faulty:
– bespoke or made-to-order heating systems
– electrical items that have been installed, connected, or powered
– goods damaged due to incorrect handling, installation, or storage

15.4 Restocking Fees

Standard stock items may be subject to a restocking charge of up to 25% to cover inspection, handling, and administration.

15.5 Faulty Goods

If Goods are faulty on arrival:
– ASTECtherm must be notified within 48 hours
– Goods may be inspected or tested before replacement or refund
– ASTECtherm may repair, replace, or refund at its discretion in line with clause 7

15.6 Refunds

Refunds are processed once Goods have been received and assessed.
Funds will be returned via the original payment method.

15.7 Goods Damaged in Transit

Damage must be reported within 48 hours of delivery with photographs of:
– packaging
– label
– the damaged item
ASTECtherm will arrange replacement once the claim is assessed.