1.1 This contract is between Fischer Heat UK Ltd (“us”) & [ ] (“you”).
1.2 Fischer retains title in the goods until all outstanding balances are paid in full. Risk in the goods passes to you on delivery or where we install, on installation.
1.3 Due to data protection, if you want us to discuss the order with a third party on your behalf, we will require your permission.
1.4 You warrant that any individual that contracts on your behalf is authorised to do so.
1.5 Product sizes are prescribed based on building requirements. Unless you advise us otherwise, we will assume you are aware & satisfied with all aspects of the order.
1.6 You may incur charges, or we may terminate the contract if you do not supply us with information we require, permit us to carry out the contract or breach this contract.
1.7 We are not obliged to accept your order and we will advise you if we are unable to fulfil your order.
1.8 Changes or discontinuation/withdrawal of products may occur, where this occurs and we terminate the contract, we are only liable to refund any monies paid minus any costs incurred.
1.9 Unless otherwise specified, heaters are supplied in White colour RAL 9010. Refer to www. ralcolor.com (please note this is not brilliant white).
1.10 We may after the date of this contract make reasonable changes to the specification of any goods/ services where required to ensure compliance with any applicable law or code of practice.
1.11 All descriptions/illustrations etc contained in any catalogue/advertisement are intended to provide a general idea of the works only.
1.1 We are not responsible for product selection, you must check products prior to placing an order with us.
As standard, installation is not included in our commercial agreements and products are provided supply only. We will only be installing if we have specifically told you we will be providing this service, in which case the terms of this Clause 2 will apply. As standard, installation under our commercial contracts only includes removal of existing heaters and connecting to existing power sockets only.
2.1 You must check the location of the product(s) before installation to ensure you are satisfied.
2.2 Electrical work may be altered by us at installation for efficient functioning of the product(s).
2.3 If necessary, we have the right to relocate the product(s) to improve efficiency.
2.4 Removal of existing products is a service we may provide at our discretion subject to clause 2.5 and 2.6, and where we elect to do so, we do not make good walls or accept responsibility for damage visible after removal of products.
2.5 We do not remove oil tanks, LPG tanks or make good flues.
2.6 We do not remove any product containing asbestos and so you must advise us of the location of any asbestos or asbestos-type material that can be found on the premises that affect our ability to safely install your order.
2.7 If we cannot wall mount heaters due to wall condition, we may install on feet/castors for stability & safety.
2.8 The installation site should be clear and free from any obstruction prior to installation. It is your responsibility to move all existing items that may impede our installers during installation. If the installation site is inaccessible, the installation may be aborted, and you may be liable for our costs.
2.9 We are not liable for damage caused to your property or the contents thereof during installation. In cases of damage where we accept liability, we are not under an obligation to replace but if we elect to do so, we replace with similar product where viable to do so. Any replacement is subject always to an attempt at repair first. We can only assess liability if provided with photographic evidence & supporting report. If damage is not reported within 48 hours from the date of installation, we are not obliged to evaluate your claim.
2.10 We are not responsible for redecorating after installation.
2.11 If necessary for the installation and at our discretion, lifting of carpets/flooring may be carried out by our installers. We cannot accept responsibility for carpets put back not as originally fitted.
2.12 To cancel or re-book an install, 24-hour notice is required. If no such notice is given, you will be subject to charges.
2.13 All existing heaters to be removed must be switched off 24 hours before install; if this is not done, we may have to re-book install and you will be subject to charges.
2.14 You understand that install times may vary depending on circumstances on the day. We are not liable for losses/claims of compensation in this regard.
2.15 We reserve the right to change the date of your install if necessary.
2.16 If you do not arrange an installation date within 4 weeks from the date of the order, we reserve the right to terminate the contract.
2.17 Our product(s) may require the use of a 24-hour live electrical feed and we may perform a conversion to 24-hour supply at the point of installation to ensure effective functioning of our product(s).
2.18 We do not rewire/upgrade fuse boards unless agreed beforehand & charged for. Additional wiring is surface mounted covered with trunking; we do not chase wires into walls.
2.19 We are not responsible for upgrading a property’s electricity supply or meters.
2.20 We are not responsible for existing pipe work, plumbing fixings, and fittings such as taps, underfloor pipework or pipe work within walls or similar.
2.21 We reserve the right to change or amend the original order in line with findings at installation.
2.22 We do not carry out any wiring, installation of new socks as part of our installation. If agreed to by us, any work of this nature would need to be carried out under a separate contract.
3.1 All payments must be paid in accordance with the payment method agreed under your contract.
3.2 We reserve the right to charge daily interest on outstanding balances calculated at 4% above the Bank of England.
3.3 We reserve the right to make charges for late payment if payment is not made by the agreed due dates.
4.1 In relation to our non-water products, there is a 5-year warranty excluding electronic components such as thermostats, timers, thermal cut-outs and receivers which come with a 2-year warranty.
4.2 In relation to plugs, spurs and sockets that we install relating to any of our products, these have a 1-year warranty.
4.3 All warranties offered in these terms and conditions commence from date of installation (where we install) and from delivery and only where balance is paid in accordance with method and terms of payment. For the avoidance of doubt, if you default on payment, all warranties will cease to apply and if you remedy this by making payment, the warranty will only apply from the date payment is made in as required not the date of install.
4.4 Our warranties are product only warranties and do not include service/labour, which is chargeable. On this basis we are not required to provide service calls as part of the warranty but if we do they will be charged separately.
4.5 Warranties offered in these terms and conditions are not valid in the case of cosmetic defects, discolouration, rust, ordinary wear and tear, failure to observe installation/ operating/maintenance/instructions, buyer’s abuse, improper use or neglect and unauthorised modifications. Discolouration or otherwise due to covering of the heater or over-heating due to misuse will void the warranty.
4.6 Due to thermal expansion, heaters may make a noise as the metal heats and cools.
4.7 Work carried out to our installation/product without our pre-obtained consent in writing will render warranties void.
4.8 We may elect to repair first before we replace under all warranties that we offer in these terms and conditions. You will be required to use telephone assistance in the first instance.
4.9 All warranties that we offer are not insurance backed.
4.10 Warranties will be void if products are moved from the location they were installed in.
4.11 Warranties may be transferred on sale of the property provided that the new owner registers this with us.
4.12 Any repair or replacement carried out under the terms of our warranties does not extend the warranty beyond its original period.
4.13 We reserve the right to carry out all initial technical assistance and fault diagnosis and remedy via our telephone technical support in the first instance.
5.1 Heaters designed to operate with temperature control & use day and night electricity where on a dual meter to maintain the desired temperature. For this reason, we recommend being on a standard rate meter as opposed to a dual-rate meter. Heaters do not use night rate only as they are not night storage heaters.
5.2 Heaters are sized specifically for the rooms and location intended and must not be used in other rooms or locations.
5.3 Energy tariff used by the customer is not our responsibility. It is the responsibility of the customer to contact their energy supplier to ensure they are on the correct tariff based on their usage.
5.4 You agree that we have not advised you and we are not liable for the consumption/running cost of the product/s as we are unable to do so since such depend on external factors out of our control such as energy provider, tariff, property type & customer use/ lifestyle.
5.5 For proper functioning of heaters they must be operated according to our instructions. The efficiency of any of our products is based on property insulation, temperature control, mode of use, air exchanges within the property & thermostat programme.
5.6 Daily operating instructions, programming of thermostat & changing of batteries every year is your responsibility.
5.7 Do not cover/obstruct/paint heaters. For safety, shelves covering the top of heaters should not be below 500mm & curtains covering the top of heaters should not be below 300mm.
6.1 Storage core leaks = 5-year warranty. Scaling of storage core not covered under warranty & remains the customer responsibility. Element failure = 5-year warranty (products with replaceable elements only). Overheat thermostat failure = 2-year warranty. Hydraulic assembly failure = 2-year warranty (if not resulting from scaling/ foreign objects). Control board failure = 2-year warranty. Failure of thermostatic mixing valves & expansion vessels = 2-year warranty.
6.2 Storage core definition includes: (a) phase change material (PCM), heat exchanger immersed in PCM + tails that exit its plastic case, plastic case which encloses all aforementioned, pockets intruded into aforementioned components that can accommodate sensors/heating elements (excluding sensors/ heating elements which are replaceable wear components); (b) heating element where not replaceable; (c) breather valve; (d) O-rings + other parts which provide for the passage of aforementioned pockets/ heat exchanger tails through plastic case.
6.3 You will be charged for service & parts for repair/replacement of items which fall outside warranty; e.g. cost of service call; consumable items subject to wear & tear; routine maintenance, cleaning, overhaul, modifications & descaling; repair/ replacement of items damaged due to scale or lack of maintenance; replacement of cosmetic covers due to in-use/in-transit damage; rust, corrosion, water damage including but not limited to damage caused by excessive scale in water supply; cleaning/unblocking of pipework, expansion valves etc; costs arising from problems with integration with/use of heat source, electricity supply, solar generation etc; theft actual or attempted, malicious damage, damage caused by fire/explosion; work carried out by 3rd party repairer not authorised/approved by us; delivery/install charges if replacement unit sent outside warranty term or where no fault found.
6.4 You must inspect all works on completion & if you consider any part not in accordance with the final order, you must within 48 hours from installation give provide notice with photographic evidence. If we cannot repair, we replace it with as similar specifications as possible. If you reject the product, warranty is not effective.
6.5 The Aquafficient is considered a high-pressured system and if you are changing from a low-pressure system, you understand this may cause leaks on the retained pipework, plumbing, radiators, valves etc and we are not liable.
6.6 The provisions of clause 4 apply equally in respect of the Aquafficient, except for clause 4.1.
6.7 If your pipework run is long, this may affect how quickly it will take for you to experience a hot water output. You agree that we are not liable for any delay in hot water output.
6.8 The Aquafficient operates on main pressure. If you are changing from a gravity-fed system, you understand that water output pressure may be affected, and pressure is depending on the incoming mains pressure to your property. Multiple water outlets open may reduce water pressure. You agree that we will not be liable for any change in water pressure, whether increase or decrease.
7.1 In relation to the Aquafficient Eco+ Air Source, there is a 5-year warranty, subject to clause 7.2.
7.2 The provisions of clause 4 apply equally in respect of the Aquafficient Eco+ Air Source, except for clause 4.1.
7.3 Warranty only valid where the product is serviced annually.
8.1 In relation to our boilers, there is a 5-year warranty excluding electronic components such as thermostats, timers and receivers which come with a 2-year warranty.
8.2 Notwithstanding clause 8.1, this warranty only relates to the boiler and integrated controls and does not include any connected system, radiators or accessories.
8.3 Warranties do not cover damage caused by system debris, contamination and/or water quality issues.
8.4 You may be required to add quality-grade inhibitor to the system at regular intervals using correct dosage.
8.5 The provisions of clause 4 apply equally in respect of the boiler, except for clause 4.1.
8.6 Warranty only valid where the product is serviced annually (except in the case of heat only boilers).
9.1 5 year warranty including on the tank, external unit such as fan unit (but excluding electrical components, mechanical and electronic removable parts). Warranty only valid if the heat pump is serviced yearly by us via our service plan and payment for the service plan is made on an uninterrupted basis. You must sign up to your service plan within 60 days of your heat pump installation. You will be liable make payment of a full year’s worth of monthly service plan payments in order to benefit from your annual service).
9.2 You understand that there is a certain noise level attached to having a heat pump and this is therefore not reason to reject the product.
9.3 You understand that due to the way heat pumps work you may have to use supplementary heating together with your heat pump for which we are not responsible.
9.4 It is possible that applications may be required to the DNO in relation to your heat pump order. Any work which we carry out for you in respect of this will be charged additional to the contract price.
9.5 You understand that we will not be providing MCS certification in respect of heat pumps.
9.6 Heaters sold with a heat pump must be used in conjunction with the heat pump only.
9.7 Our heat pump service plan is at a cost of £9/month or as varied from time to time (you can find out our most current prices for this directly from us). We will give you 1 months’ notice if we change the cost of your monthly plan. You must pay for your service plan by monthly direct debit and your first payment will be taken immediately upon you signing up for our service plan. Your service plan will continue until such time that it is cancelled (you must give us 1 months’ notice to cancel).
9.8 Warranty does not cover pipework, connections, electrics, third party controls, other equipment such as cages, brackets, external filters, heat meters, electric meters, external hoses, third party valves and any other equipment installed by a third party post commissioning.
9.9 Warranty only valid if product used and maintained as per instructions and any damage or costs caused by the following are not covered: lack of regular maintenance, neglect, accidental damage, malicious damage, misuse, alteration or tampering, maintenance or servicing by a third party, failure to use for normal domestic purposes, lack of power or water, water contamination, scale formation or air pollution.
10.1 You have 7 days from the date of your order, to cancel. You will not be able to cancel after this point and you will be liable for charges we have incurred.
10.2 Any goods that are returned will be inspected and deductions will be made for damage, wear & tear.
10.3 When returned, goods must be in the condition that they were sold.
10.4 Refunds made within 30 days of us receiving the goods, where possible.
10.5 Cancellation is deemed notified when your communication is received by us.
10.6 Bespoke goods such as orders of heaters in RAL colours that we don’t usually do cannot be cancelled and so any deposit will be forfeited.
11.1 We are not liable for loss of profit (whether direct or indirect) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract; or indirect or consequential loss whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract; or ex gratia or other compensatory payments made to a third party by you or on your behalf, arising under or in connection with the contract.
11.2 Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid for the goods under the contract.
12.1 If any term in this contract is unenforceable, this shall not affect enforceability of other terms.
12.2 No party other than the signatory & Fischer has any rights under this contract.
12.3 The parties irrevocably agree that this agreement & any disputes/claims (including non-contractual) arising out of/in connection with its subject matter/formation are governed by & construed in accordance with English law & are under the exclusive jurisdiction of & settled by the courts of England.
12.4 We shall not be liable for any delay or the consequences of any delay in performing any of our obligations if such delay is due to any cause beyond our reasonable control and we shall be entitled to a reasonable extension of time for performing such obligations.
12.5 These terms and conditions do not affect your statutory rights.
With over 75 years of manufacturing expertise, Fischer is the pioneer of efficient heating systems and is defined by the highest levels of quality in both their products and service.
22, Westwood Park Trading Estate, Concord Rd, London W3 0TH
Company No. : 1046 5510
VAT No. : 2617 02328