Terms and Conditions
Terms & Conditions
In these conditions the term Company means H Keeling Ltd trading from our offices at Quest, Unit 2, Tilford Road, Tilford, Nr Farnham Surrey GU10 2DF and our factory site at Boatyard Industrial Estate, Fareham, Hampshire PO16 0TA and the term goods applies to all articles manufactured, assembled and/or sold by the Company.
By placing orders with H Keeling Ltd you (the payee) agree to be legally bound by these terms which become effective immediately when using any method of communication with the Company. By placing an order, you are accepting and agreeing with out Terms and Conditions.
Are submitted without engagement and are therefore subject to confirmation by the Company when a contract is then made. Drawings, dimensions and weights and any other informative details submitted are approximate only. Illustrations, catalogues, websites and any other Company material are not binding for the execution of orders as the construction of apparatus is being continuously improved.
Quotations are only valid for 30 days from the date of quotation unless extended at the Company’s discretion. Prices quoted are subject to the current rate of United Kingdom VAT.
No Contract will be deemed to have come into existence legally until the Company has accepted the purchasers order in writing and Company may at its discretion consider a purchase order as not having been placed if it has not received it in writing. Verbal orders are not accepted. All contracts shall be deemed to have been made in the United Kingdom in accordance with these General Terms and Conditions of Sale and they shall be interpreted according to the Laws of the United Kingdom. The prices in the Company’s acceptance of order are based upon the value of the Sterling Pound at the date of issue of the acceptance of order. Fluctuations in the exchange rate, devaluation and similar changes are the purchaser’s risk. The Company expressly reserves its rights to withdraw at any time the Contract entered into and the Company cannot be held responsible for any claims for damages, subsequent loss in any form or otherwise as a result of such withdrawal. The Company will not undertake to accept any orders which are subject to penalty clauses of any form. An order is deemed to be in production once a deposit has been received and any cancellations, changes or amendments shall be subject to further charges/ non-refundable of any monies paid.
EU DISTANCE SELLING DIRECTIVE:
The EU Distance Selling Directive becomes effective for any goods ordered via our website. Please go to their website www.hmso.gov.uk.si/si2000/20002334.htm for details.
TIME OF DELIVERY:
The Company will not be responsible for any delay in delivery of goods. Whether such delays are caused by circumstances over which the Company has control or otherwise, nor for damages or other loss caused by the purchaser or other party as a consequence of such delay and the Company at its discretion may refuse to accept a purchase cancellation of an order or part thereof, such intended cancellation resulting from a delay in delivery. Claims for short delivery damage and/or other must be placed with us within 7 days by email. Claims reaching us later than 7 days from date of signature for receipt of goods cannot be entertained by us.
All delivery times quoted on the purchasers order acknowledgement are approximate and are not the essence of the contract. Should there be any delay in shipment of goods, H Keeling Ltd will not be held responsible for any charges, incurred from installers/subcontractors. We would advise that you check with the H Keeling Ltd Sales Office should you require a specific delivery date.
It shall be a fundamental condition and of the essence of the Contract that notwithstanding delivery to the Purchaser or any other person until all monies due to the Company in respect of the said goods or any other goods have been paid. Neither the Purchaser or any other person shall, while any such money remains unpaid, mortgage, charge or pledge as security or to be taken as part or of his Estate in the case of any winding up liquidation, bankruptcy or arrangements with his Creditors without the consent in writing of the Company.
The currency in which payments for goods is to be made is the currency referred to in the invoice in respect of the said goods. Payments shall become due as stated by the Company on its invoice or invoices. All invoices are for immediate payment.
ALTERATIONS IN PRICE AND SPECIFICATIONS:
The Company reserves the right to alter any prices or specifications at any time without notice and all goods are sold subject to prices and conditions ruling at the time of delivery. Only in the event of the contract price being increased more than 20% shall the purchaser have the right to refuse acceptance of any goods contacted to the purchase except if the increase in cost is due to a devaluation of currency and/or inflation of if the cost of labour and/or raw materials have increased or if the necessity for an increase has arisen from an error in the original pricing by the Company.
The Company will repair or replace free of charge goods or any part of such goods which are defective due to defective materials or workmanship only provided that:
- they receive forthwith on the defect being ascertained notice of the defect and such defect has arisen within twelve months on valves and accessories from the date of purchase and the goods or the defective part of such goods are returned to them at the purchasers expense and risk to their factory within such period of twelve months
- A 10 year warranty applies to the physical brass and structure of towel rails, radiators and basin stands.
- A 12 month warranty applies to the finish of product and all ancillary items.
- the Company is satisfied that the defect in the goods is not due to wear and tear, accident, mis-use, improper operation, neglect, failure due to incorrect installation or installation by unqualified personnel or improper cleaning/maintenance.
- the goods have not been altered or used to carry loads or for any purpose other than those for which goods are suitable as directed by the Company
- the cost of labour is paid for by the purchaser.
Please note, for products sold for use in commercial environments, such as hotels and restaurants, our usual 10 year warranty will be reduced to a 5 year warranty to reflect the significantly higher wear and tear experienced in these environments.
A two year limited warranty is offered on the same terms as above for shower curtain rails.
All electrical elements, valves, and ancillary items are covered by a standard 12 month limited manufacturers warranty.
All electric elements unless installed incorrectly/ damaged are given a 12 month warranty. On inspection, if installed incorrectly and as result of this the element has been damaged in anyway, the 12 month guarantee is no longer valid.
All faulty elements that are covered within the 12 month guarantee need to be returned to our factory (please see website for factory address details), prior to a new element being sent.
The Company shall not be responsible for any delay in repairing defective parts nor for any consequential loss sustained by the purchaser by reason or such defects nor for any damage of the goods while in transit to or from the purchasers premises or while in the possession of the Company.
The above mentioned provisions replace all warranties, terms and conditions as to the quality and conditions of any goods or their fitness for any particular purposes or compliance with any description and all such warranties, terms and conditions which arise by implications of law or otherwise howsoever on the sale or repair of any of the Company’s are hereby expressly excluded. The exclusion shall apply whether the express warranty hereby given does or does not apply to the particular goods sold.
If no other tolerances are mentioned in the Contract, it is understood that the Company will endeavour to work to within plus minus 6mm overall size, to plus minus 20 per cent of the material thickness.
The purchaser may not at any time copy, reproduce, republish, download, post, broadcast, transmit, make available to the general public or otherwise use H Keeling Ltd content in any way except for the own personal use non commercial use. The Purchaser also agrees not to alter, adapt, create any derivation of any Rutland literature/photography or Company material without expressly written approval by the Company.
Any contracts the Company enters upon may be dissolved on the part of the Company without notice or reimbursement also in the case of strike, lockouts, force majeure, war, whether declared or undeclared and other events which may interfere with proper settlement of the Company’s obligations, and which are beyond the Company’s control otherwise.
The purchaser explicitly undertakes and agrees to pay all costs arising from import and export duties, levies, surcharges temporary or otherwise and all other charges, imposed by Government during the existence of his purchasing contract with the Company. This applies also where the Company agreed to supply goods ‘carriage and all expenses paid home’ to purchasers premises and the purchaser further agrees not the cancel his purchasing contract with the Company by reason of such Government introduced import or Export duties, levies, surcharges, temporary or otherwise or other changes except in cases where the Company gives its consent for such cancellation in writing to the purchaser, and the purchaser agrees that all quotas, embargos, restrictions and other actions imposed and/or caused by Government directly during the existence of the Contract between the purchaser and the Company which may interfere with the proper settlement of the contract are his risk.
In the event of a complaint regarding quality, specification or calculation as to price or otherwise, such a complaint must be furnished in writing within 30 days of receipt of goods or completion of part services rendered, setting out specifically all grounds of the alleged complaint. It this term is not complied with absolutely, said complaint is not sustainable. H Keeling Ltd can not be held accountable for installation or delay.
Please check all goods, dimensions, outputs, finishes including colour and accessories before placing your order as changes will not be made once goods are in production. Bespoke (special order rails or goods ordered) including dual fuel and electric models are not returnable. All standard rails at the discretion of the Company will be returnable at a restocking charge of a set 50%.
Any products delivered faulty will be repaired free of charge where the responsibility of the fault lies with H Keeling Ltd. The delivery period for the replacement product will be subject to current availability. H Keeling Ltd will not be held responsible for any reinstallation and/or removal charges.
We do not recommend fitting our products on a softened water system. The Company strongly insist that before ordering any towel rails purchased are to be suitable for the system upon which they will be installed taking into account any aggressive water area or water softeners. In these circumstances corrosion may occur for which we have no control. We insist that this check is thoroughly carried out with the Heating Installer/Local Water Authority as responsibility for failure due to corrosion will not be held by H Keeling Ltd.
Goods supplied by the Company are only for the purpose for which they are specifically designed and which is clearly defined in the appropriate brochure, manual or website. We do not accept any liability whatsoever for damage, injury or death caused as a result of the goods being used for any other purpose.
The foregoing conditions overrule any conditions which the purchaser may include with orders unless the purchaser expressly states otherwise within 7 days after the Company’s acceptance of the order.