Terms and Conditions
Please find our terms and conditions below:
In this document the following words shall have the following meanings:
1.1 “GloWell Gas & Heating Services” (hereafter “GloWell”) refers to GloWell Gas & Heating Services of 29 Howerts Close, Warsash, Southampton, SO31 9JR;
1.2 “Client” means any person or company who enters in to any agreement to purchase Goods and/or Services from GloWell;
1.3 “Goods” means articles supplied to or bought on behalf of the Client by GloWell;
1.4 “Services” means the services provided by GloWell to the Client;
1.5 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by GloWell.
1.6 “Website” means the website www.glowell.co.uk owned by GloWell Gas & Heating Services whose registered address is shown above.
GloWell reserves the right to change these Terms and Conditions at any time and without notice. All amendments to these Terms and Conditions will be published on the Website and as such you are advised to check these Terms and Conditions as appropriate for such changes.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by GloWell to the Client and shall prevail over any other documentation or communication from the Client.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by GloWell.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which GloWell may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a Consumer.
The Website will be made available on an “as is” and “as available” basis and GloWell gives no warranty of any kind in relation to the content of the site or the security of the information transmitted from the site over the internet. GloWell disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, completeness, reliability, fitness for a particular purpose, non-infringement, compatibility or accuracy regarding the Website.
4 Data Protection & Privacy
5 Intellectual Property
All copyright, patent, trade mark, design right and other intellectual and industrial property rights relating to both the Website and other media produced by GloWell are and shall remain the property of GloWell.
6 Orders & Quotations
6.1 Any quotations made in writing shall remain valid for a period of 30 days.
6.2 All orders for Goods and Services, whether verbal or in writing shall be deemed to be acceptance of these Terms and Conditions.
6.3 GloWell reserve the right to withdraw or amend any quotation without notice before acceptance of the quotation has been received from the Client.
6.4 On acceptance of any quotation GloWell will order the Goods as detailed in the quotation. If subsequent to this order being placed the Client cancels the order the Client will be liable for any costs incurred by GloWell in the proper performance of the order for Goods or time to that date.
6.5 The person giving instructions to GloWell or ordering work or materials will personally be deemed to be the Client unless it is made clear to GloWell who the Client is.
7 Price & Payment
7.1 The price for the Goods and Services is as specified in our quotation. If no quotation was given before work commenced Goods and Services will be charged at the rates shown on the Website.
7.2 Unless otherwise agreed in writing by GloWell, payment for any Goods or Services shall be due upon the date of invoice.
7.3 If the Client fails to make any payment on the day of it becoming due, GloWell shall be entitled to: (a) charge interest at the statutory rate of 8% above the Bank of England base rate accrued on a daily basis as well before and after judgment on the outstanding amounts from the due date to date of payment; (b) cease any uncompleted work without any liability to the Client.
7.4 Invoices that are not settled by 30 days after due date will be passed to a debt recovery agency and will incur an administration fee of £25.
7.5 Payments that have been rejected will be subject to a £25 administration fee as well as any other costs incurred.
8.1 Any date of delivery specified by GloWell is an estimate only. Time for delivery shall not be of the essence of the contract and GloWell shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
8.2 All risk in the Goods shall pass to the Client upon delivery.
8.3 Where the Goods are faulty or do not comply with any of the contract, the Client must notify GloWell within 1 week of delivery and the Client shall be entitled to replacement Goods. After 1 week the Client shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
8.4 The Client shall make all arrangements to take delivery of Goods whenever they are tendered for delivery.
9.1 Title in the Goods and materials shall not pass to the Client until GloWell has been paid in full in accordance with these Terms and Conditions
9.2 Should payment not be made in accordance with these Terms and Conditions GloWell reserves the right (and shall be allowed access by the Client) to remove any Goods or materials supplied or fitted by GloWell. The cost of any damage caused by such removal will not be borne by GloWell.
10 Client’s Obligations
To enable GloWell to perform its obligations the Client shall:
10.1 co-operate with GloWell in the execution of its service and work commitment;
10.2 make the site available to GloWell for the duration of the works and ensure a safe supply of necessary services and utilities;
10.3 provide GloWell with any information reasonably required;
10.4 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Client;
11 Limitation of Liability
11.1 Provided that nothing in these Terms and Conditions shall exclude or limit the liability of GloWell for death or personal injury, GloWell shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 Except to the extent precluded by law, GloWell shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 GloWell will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to GloWell in writing prior to the commencement of works.
11.4 Where the Client supplies Goods or materials, GloWell accept no responsibility for any defects or damage and offers no guarantee for these Goods or materials.
11.5 For the avoidance of doubt, time shall not be of the essence and GloWell shall incur no liability to the Client in respect of any failure to complete the Services by any agreed completion date.
12 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Gas Safe Register
Gas Safe Register is the official list of gas engineers who are qualified to work safely and legally on gas applicances. By law, all gas engineers must be on the Gas Safe Register. It replaced CORGI. Trust the Triangle – only use a Gas Safe registered engineer to fit, fix or service your appliances and always check the engineer’s Gas Safe Register ID card. For more informaion and to find and check an engineer to to www.gassaferegister.co.uk or call 0800 408 5500.