Terms & Conditions

1. Payment

A deposit of 15% must be made with the submission of the signed acceptance form to enable the ordering of your materials and manufacture of plant. No contract will be deemed valid until signed and a deposit has been received. Further progress and final payments are due within 10 days of invoicing after materials have either been brought into stock, in accordance with advised progress dates from the Purchaser, or after work has been completed. Failure to make payments by the due date may result in 2.5% interest being added to your account. Failure to make payments may also result in the stopping of further work and/or the withholding of further materials, or termination of the agreement with recovery of any outstanding amounts and materials to date at full cost to the Purchaser.

2. Quote Validation

This Agreement is valid for a fixed period of 3 months from the date of signing, provided it was signed within the 30 day live period of the quotation. Any delays caused by the purchaser resulting in the contracted works not being completed within 3 months shall entitle the Distributor to review and increase the contract amount to take account for any increases in the cost of labour, travel or materials. The Purchaser agrees to pay the amount of any increase upon demand being made in writing. Any change to Government sales tax will apply from the official introduction date.

3. Material Ownership

All materials within this contract shall remain the property of the Distributor or the Distributor’s contractor until full payment of all sums has been made. In the event that the Purchaser fails to pay the sums referred to in this agreement within 10 days of their due date the Distributor or their agent may enter and remove materials and the Purchaser will indemnify the Distributor against any costs incurred.

4. Insurance

It is the responsibility of the owner or the owner’s agent to ensure that any materials or system components delivered to their building site are secured appropriately and that they are covered under their own insurance policy. Warm and Cool do not carry insurance for sites not owned by our company and take no responsibility for any materials or system components that go missing from the building site.

5. Exclusions

The provision of electrical supply to any heat source, control panel, thermostat or hot water cylinder/calorifier. The arrangement of this is the responsibility of the Purchaser with their chosen electrical contractor unless prior arrangement has been made with the distributor in writing. The provision of 3 phase electrical supply is excluded from this contract.

6. Building and Resource Consents

The responsibility to ensure that systems supplied by the Distributor comply with local body regulations and requirements is the responsibility of the Purchaser. The Distributor will supply (on request) all relevant information to be forwarded to your building authority but will in no way be responsible for the lodging of and payment for any consent legally required of the Purchaser. Any failure of the Purchaser to obtain the appropriate consents is not the responsibility of the Distributor.