Comfort Guarantee

Terms and Conditions

Subject to the following provisions, all Items sold are warranted for a period of twelve months from the date of purchase or, if agreed in writing between the Company and the Customer, for a period of twelve months from the date of installation. [a] Product data, design details and performance figures contained in the Company's published literature and advice given by the Company is provided only as a guide to available information and the Company does not accept any liability whatsoever [including any liability arising from negligence] for its accuracy and for injuries, expense or loss or for the results obtained, by the Customer. If the Customer relies on such information or advice it is entirely at the Customer's own risk. [b] All orders are accepted on the understanding that the Customer will be responsible for determining that the Items sold or manufactured by the Company are suitable for a particular application. [c] The Customer's goods are accepted for processing by the Company or by the supplier the Company represents at the Customer's own risk. Whilst the Company will use its endeavours to carry out the instructions of the Customer, all goods provided by the Customer are accepted, treated, processed and stored entirely at the risk of the Customer and no liability whatsoever [including any liability arising from negligence] is accepted by the Company. [d] The Company shall not be responsible for goods which are not manufactured by the Company. [e] If any defect or failure in the Items supplied by the Company becomes apparent under proper use within twelve months from the date of despatch and the Company is notified of the required details relating to the defect or failure the Company will either replace the Items or, at its option, arrange repair of the Item free of charge, provided the Company is satisfied that the defect or failure is due solely to faulty workmanship or the use of faulty materials. [f] The Company reserves the right not to accept liability for deficiencies, damaged or faulty Items, or errors in despatch, unless notice in writing is given to the carrier and the Company within seven days from receipt of the Items. Any claim for Items not delivered must be advised by the Customer in writing to the Company and to the carrier within twenty-one days of the date of despatch, or in the case of exported Items, within a reasonable time from date of shipment. [g] No liability will be accepted by the Company nor is any guarantee or other undertaking given or implied in respect of any act of omission by the Company in respect of the following: [i] if performance figures are not obtained unless the specification to which the Company is working lays down such figures or unless the Company has made a specific guarantee in writing. [ii] for any injury loss or damage suffered by the Customer, which may in any degree be attributed to the use of Items or installation supplied by it or to the adoption of data, design, materials or advice given by the Company as to the use of the Items or installation notwithstanding any want or care on the part of the Company in compiling or giving any advice or information. [iii] for liquidated damages suffered by the Customer or others following the supply of Items later than the date of despatch agreed by the Company, unless expressly confirmed in writing by the Company. [iv] for loss, damage, or delay caused by government order, war, civil commotion, force majeure, accidents, fires, strikes, lockouts/lockdowns, or delay in obtaining raw materials through shortage or advantage in price thereof or any other cause beyond the control of the Company. [v] for any loss or damage, direct or consequential, or for any accident, or the effects of any accident or other expenses sustained by the Customer or any other person, arising from any defect or failure in Items supplied by it where consumer legislation does not apply. Where the Company's suppliers are prepared to offer the acceptance of any damages, this will be relayed to the Customer. In the event of non-payment of damages or dispute regarding damages, the Company shall advise details of the dispute to the supplier and shall pass any proposals for settlement to the Customer. [h] The Customer's rights to indemnity or compensation shall be limited to the provision of replacement Items or like items, or having the Items repaired [as the Company may in its discretion determine].