Terms & Conditions

1. Definitions: 
   In these conditions, the following words shall have the following meaning:

“Company” – means ‘Embers Chimney Sweep & Stove Spares.

“The Customer” – means the person, firm or business with whom the Company contracts.

“Goods” – means the articles or products or service which are the subject matter of the contract.

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2. These Conditions of Business shall apply to all sale and purchase transactions between the Company and the Customer. No terms and conditions put forward by the customer in conflict with these terms and conditions shall be incorporated into the contract unless separately agreed in writing and signed by a director of the company.

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2.1. The placing of an order by the Customer orally or in writing shall constitute an offer and a contract shall be affected when such an offer is accepted by the Company and not at an earlier time. The Company will only accept offers subject to these conditions of business.

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3. All times quoted for dispatch or delivery dates are estimates only and while the Company will use all reasonable endeavours to ensure it complies with any estimates given, the Company will not be liable for any failure to comply with any such estimate or for any direct or consequential loss resulting from late delivery.

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4. All prices charged are the Company’s prices at the time of delivery or ruling at the date of the relevant quotation. Orders are accepted only on the basis that the actual price payable under the contract shall be the Company’s price ruling at the date of the relevant invoice. If any extra cost is incurred by reason of any additional instructions, or any error or omissions in instructions submitted by the Customer, or if the Customer requests any special testing of the goods or any variation of the specification or design or any modifications to the goods, then the Customer shall bear any relevant extra costs.

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4.1. The Company reserve the right to adjust prices without prior notice. Clerical errors are subject to correction (without prior notification).  Please check the website for the most up to date prices.

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4.2. The Company reserve the right to charge a deposit at the time of accepting an order for items manufactured to customers own special requirements.

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4.3. Carriage paid value may vary from area to area and can be subject to change. Please contact our sales office for updated terms.

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5. VAT will be charged at the rate ruling at the time of delivery.

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6. Payment

6.1. Account customers payments are due by the last day of the month following delivery unless other terms are agreed prior to dispatch.

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6.2. Overdue accounts: We reserve the right to suspend further deliveries until all overdue accounts are paid in full, without prior notice. We reserve the right to commence legal recovery proceedings without prior notice. 

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6.3. Cash on Delivery (COD) accounts/orders: Payment is required by cheque or cash to our driver on delivery of goods.

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6.4. Cash on Delivery (COD) accounts: If cheque is not available on day of delivery it must be posted to arrive at this office within seven days, failure to do so will result in your account being suspended. No more deliveries will be made until full payment is received.

 

6.5. We reserve the right to charge an administration fee of £20.00 as well as interest charges of 8% on all outstanding invoices beyond our terms. 

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7. Delivery

7.1 Shortages: all shortages must be reported within 48 Hours of delivery of goods. Total non-delivery of goods must be reported immediately upon receipt of invoice.  

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7.2 Any delivery days quoted are genuine forecasts but shall not be legally binding on the supplier.

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7.3 Timed deliveries cannot be arranged.

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7.4 In the event of the supplier being unable to supply goods after receiving an order from the buyer, the supplier shall not be liable for any incidental or consequential loss.

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7.5 It is the buyer’s responsibility, regardless of delivery address, to ensure the goods are as ordered and they are of satisfactory quality. The supplier strongly recommends that the buyer checks correct description and quality on goods delivery notes. In the event of any discrepancy whatsoever, the buyer must notify the supplier within 48 hours of arrival of the consignment, as stated on our delivery notes, and before the goods are processed in any way otherwise no responsibility can be accepted for any claims. Upon acceptance of deliveries the buyer must sign the suppliers or carrier’s delivery note. Should examination at the time of delivery not be possible, the delivery note must be signed damaged for any subsequent claim to be acceptable for damage in transit. Claims for loss or damage must be made within 48 Hours of arrival of consignment, informing the supplier and carrier of the loss or damage involved. Damaged items and packaging must be retained for inspection. The supplier shall not be held liable otherwise. 

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7.6 Non arrival of goods despatched from the supplier, by van or other method, must be notified to the supplier within “24 hours” from the quoted delivery date, immediately by telephone or email.

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7.7 In all events, the limits of liability for any fault or defect in the product shall be a sum not exceeding the purchase price of the goods, and the supplier shall not be liable for any loss arising.

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7.8 The supplier will not accept any liability for delays caused by “force majeure” beyond the suppliers’ control.

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8. Claims

8.1. All claims must be in writing either in the post or via email.

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8.2. Damaged goods:  goods must be inspected within 24 hours of delivery and any damage or defects must be reported as soon as they are discovered with photographic evidence, but no later than 48 hours after delivery. 

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8.3. Faulty goods: in the case of claim for faulty goods, replacements may be supplied pending inspection by the Company or the manufacturer.  If the goods are found not to be at fault the cost of the replacements will be charged to the Customer.

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9. Return of goods

9.1. We cannot accept the return of goods classified as special items, non-stocked items or bespoke made to measure items which have been specially obtained from the manufacturer, or Embers Chimney Sweep & Stove Spares.

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9.2. In the case of incorrectly ordered goods, if returned, they will be subject to a re-handling charge and a claim for loss of profit on the sale.

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9.3. Customised goods (such as Data Plates, Gauntlets and made to measure glass and firebricks) are non-returnable.

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9.4. Goods that are returned damaged or in a unsaleable condition will either be returned to you as rejected or we reserve the right to offer a partial refund.  

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9.5. No Goods will be collected by our transport without prior agreement, nor without our collection note.

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10. Title/Risk

10.1. Not-withstanding delivery, title in Goods shall remain vested in the Company until the Customer has paid the price of those Goods to the Company in full.

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10.2. The Customer shall deliver up to the Company and/or allow the Company to re-possess goods which remain the property of the Company upon demand and grants irrevocable right to the Company through its employees or agents, with vehicles or otherwise, to enter at any reasonable hour upon the Customer’s premises where such goods are kept.

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10.3. Risk in the goods however passes on delivery and the Customer is advised to insure the goods from the date of their order.

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11. Termination

11.1. The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every Contract between the Company and the Customer or to suspend any further deliveries under any Contract in any of the following events:

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11.2. If any sum owing from the Customer to the Company for any reason is unpaid after the due date for payment.

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11.3. If the Customer refuses to take delivery of or to collect (as the case may be) any goods.

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11.4. If the Company has any reason to doubt the credit worthiness of the Customer.

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11.5. If the Customer has a receiver, administrator, administrative receiver, liquidator or other supervisor appointed over any of its assets or undertaking or if the Company enters into any composition or arrangement with its creditors or commits any other act of insolvency the outstanding amount owed to Embers Chimney Sweep & Stove Spares, will become personally liable in the case of a sole trader and in the case of a Limited company the directors of that company will become personally liable for the full amount outstanding.

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11.6 If the Customer commits any breech of any Contract between the Company and the Customer the Company shall be entitled to exercise its rights of termination or suspension at any time during which the event or default giving rise there to has not ceased or been remedied and in the event of any suspension the Company shall be entitled as a condition of resuming delivery to require pre-payment of the price of any further delivery.

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12. Indemnity​

12.1. The Company’s liability is limited to reimbursement of the price or repair or replacement of the goods or remedying any defects in any services rendered by the Company in connection therewith.  Apart from such reimbursement, replacement, repair or remedial work the Company and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:

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12.2. Any negligence on the part of the Company or its employees (except insofar as the same causes death or personal injury. Or:

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12.3. The Company’s performance of or failure to perform or breach of any of its express implied obligations under the Contract.  Or:

12.4. The supply, installation, repair and/or maintenance of any Goods.  Or:

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12.5. Any defects in any goods.

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12.6. Any advice given or representations made by the Company in relation to the quality, performance, use or installation of the goods or any part thereof.  Notwithstanding the foregoing, where there is any defect in goods supplied, but not manufactured by the Company, the Customer shall (subject to compliance by the Customer with all conditions, stipulations and provisos contained in such guarantee or warranty and with the terms of these conditions) be entitled to the full benefit of any guarantee or warranty given to the Company by the manufacturer or supplier thereof and the Company will notify any defect to such manufacturer or supplier and will attempt to procure for the Customer the benefit of such guarantee or warranty, but the Company shall be under no further liability to the Customer in respect of such defect.

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13. The Customer shall indemnify the Company against any liability whatsoever (including any liability based on the negligence of the Company) which it may incur resulting from any claim made against the Company by any third party (including without limitation any employee or agent of the Customer or any subsequent buyer or hirer or other bailee of the goods or any of them) arising or arisen directly or indirectly out of the performance or non-performance or breach of the contract or otherwise out or connected with the manufacture or supplier or the goods or any of them or the provision of any services in connection therewith.

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14. The Company accepts no liability for delay or non-fulfilment of any term of the Contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, accidents, fire, pandemic, scarcity or materials or any other cause or causes not within the Company’s direct control.

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15. No failure or delay on the part of the Company to exercise its rights under the contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof.  Any waiver of a breach of any provision of the contract shall not affect the Company’s rights in the event of any further or additional breech or breeches.

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16. Notwithstanding termination of the contract these conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions.

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17. The contract shall be construed in accordance with English law which shall be the proper law of the contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these conditions.

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18. The clause headings in these conditions are for convenience only and shall not affect the interpretation hereof in any way whatever.

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19. Each and every obligation contained in the clause or sub-clause of these conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these conditions shall not prejudice the enforceability of the remainder.

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20. The Company assumes that the Customer has complied with every applicable statute, by-law and other requirements of the Government or any local authority.  The obtaining by the Customer of all necessary licenses, permits and consents that may be required is a condition precedent to the performance by the Company or any of its obligations under the contract.

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21. These Conditions are stipulated by the Company on its own behalf and on behalf of all its employees and agents and apply for the protection of all its employees and agents as for the Company.  The Customer undertakes not to sue or make any claim whatever against any employee or agent of the Company in respect of any alleged negligence or other default of that employee or agent in relation to the carrying out, failure to carry out or breech of any contract.

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21.1. The Customer acknowledges and agrees by placing orders with the Company that:

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21.2. This is a transaction into which both parties are freely entering.

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21.3. There are clauses contained in these conditions which exclude, limit or modify the liability of the Company its employees and agents.

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21.4. The prices and charges quoted in these conditions of business by the Company are based on the exclusions and restrictions on liability set out in these conditions.  On the basis that the Customer may seek to re-negotiate the prices quoted by the Company, the Customer and the Company accept that the exclusions and restrictions on liability referred to in these conditions are reasonable.

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22. Charges for copy invoices: requests for copy invoices that are more than 90 days old will be liable to an administration fee of £1.00p per sheet.

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23. Guarantee covers replacement faulty goods only, no consideration for consequential loss due to re-decoration or re-installation will be considered.

 

All information contained in this brochure is correct at the time of going to press. Whilst due care has been taken in the preparation of this price list no responsibility will be taken for errors and omissions. We reserve the right to withdraw and amend prices at any time without prior notice. 

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13. Vermiculite Fire Bricks

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13.1. 

Regrettably, once the bricks are installed, we cannot provide a warranty for these consumables since we lack control over the installation and the stove's operation.

 

The vermiculite utilized for our firebricks is a 750 density fireboard manufactured by Dupre Minerals. However, it's important to note that, in line with the inherent nature of the product, we do not offer any warranties or guarantees for these bricks.

 

if the bricks are exposed to excessive heat or if they endure direct impact from fuel, it may result in cracks in the product. In such cases, the responsibility cannot be attributed to the Company, and we are unable to assume liability for any vermiculite or clay bricks once they have been installed.