Terms & Conditions
In these Terms and Conditions of business the following meanings shall apply
“the Company” shall mean BM Heat Services Limited, whose registered office is at Scrabo Business Park, Jubilee Road, Newtownards BT23 4YH.”the customer” shall mean any person or persons, firm, company or corporation who buys or agrees to buy goods and/or services from the company.
1.1 BM Heat Services Ltd (‘we’ or ‘us’ or ‘our’) gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and laws. This notice provides you with the necessary information regarding your rights and our obligations, and explains how, why and when we process your personal data.
1.2 BM Heat Services Ltd’s registered office is at Unit 1 Block B Scrabo Business Park, Jubilee Road, Newtownards, BT23 4YH and we are a company registered in Northern Ireland under company number NI055557. We are registered on the Information Commissioner’s Office Register; registration number [insert ICO registration number], and act as the data controller when processing your data. Our designated Appointed Person is Ryan McGimpsey, who can be contacted at Unit 1 Block B Scrabo Business Park, Jubilee Road, Newtownards, BT23 4YH on email@example.com or 02891 815991.
1.3 Information That We Collect
BM Heat Services Ltd processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this notice.
The personal data that we collect from is: –
• Date of Birth
• Home Address
• Personal Email
• Business Email
• Home Telephone Number
• Mobile Telephone Number
We collect information in the below ways: –
• Written Quotation/Order Forms
• Online Website Orders
• Telephone Orders
1.4 How We Use Your Personal Data
BM Heat Services Ltd takes your privacy very seriously and will never disclose, share or sell your data without your consent; unless required to do so by law. We only retain your data for as long as is necessary and for the purpose(s) specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw this consent at any time. The purposes and reasons for processing your personal data are detailed below: –
• Fulfillment of a Contract: We collect your personal data in the performance of a contract or to provide a service and to ensure that orders are completed and can be sent out to your preferred address
• Accounting Purposes: We collect and store your personal data as part of our legal obligation for business accounting and tax purposes
• Trade Credit Checks: If you are a trade customer seeking credit with ourselves, we may share your personal data with Experian who are a credit reference agency and provide us with financial background checks prior to agreeing a credit account with yourself.
• Marketing: We will occasionally send you marketing information where we have assessed that it is beneficial to you as a customer and in our interests. Such information will be non-intrusive and is processed on the grounds of legitimate interests
1.5 Your Rights
You have the right to access any personal information that BM Heat Services Ltd processes about you and to request information about: –
• What personal data we hold about you
• The purposes of the processing
• The categories of personal data concerned
• The recipients to whom the personal data has/will be disclosed
• How long we intend to store your personal data for
• If we did not collect the data directly from you, information about the source
If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to do so as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
You also have the right to request erasure of your personal data or to restrict processing (where applicable) in accordance with the data protection laws; as well as to object to any direct marketing from us. Where applicable, you have the right to data portability of your information and the right to be informed about any automated decision-making we may use.
If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.
1.6 Sharing and Disclosing Your Personal Information
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement. In order for us to fulfill our contract with yourself for the supply of goods or services, it may be necessary for BM Heat Services Ltd to share your basic contact information (name, address and contact number) with some of our trusted suppliers for the purposes of providing the best possible service and having goods delivered directly from our suppliers warehouse to yourself.
1.7 Safeguarding Measures
BM Heat Services Ltd takes your privacy seriously and takes every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including: data encryptions, pseudonymisation, password protected restricted access, internet firewalls and anti-virus/malware software.
1.8 Transfers Outside the EU
Personal data in the European Union is protected by the General Data Protection Regulation (GDPR) but some other countries may not necessarily have the same high standard of protection for your personal data. BM Heat Services Ltd does not transfer or store any personal data outside the EU.
1.9 Consequences of Not Providing Your Data
You are not obligated to provide your personal information to BM Heat Services Ltd, however, as this information is required for us to provide you with our services and/or deliver our products, we will not be able to offer some/all our services without it.
1.10 How Long We Keep Your Data
BM Heat Services Ltd will retain your data for as long as is necessary (e.g to offer a product warranty or as long as we have an association with yourself).
Under the General Data Protection Regulation, you are entitled as a data subject to obtain from the Company, confirmation as to whether we are processing personal data concerning you, as well as to request details about the purposes, categories and disclosure of such data. Please complete a ‘Subject Access Request Form’ and return to the address at the bottom of said form.
1.11 Special Categories Data
BM Heat Services Ltd does not require ‘Special Categories Data’ from our customers in order to conduct our business, therefore this information is not requested or processed.
BM Heat Services Ltd will occasionally send you information on specific products and/or services by email and/or post that have been identified as being beneficial to our customers and in our interests. Such information will be relevant to you as a customer and is non-intrusive and you will always have the option to opt-out/unsubscribe at any time.
If you would prefer not to receive above-mentioned marketing and offers, please contact us on 02891 815991 or firstname.lastname@example.org
1.13 Lodging A Complaint
BM Heat Services Ltd only processes your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority.
BM Heat Services Ltd t/a The Radiator Shop
Unit 1 Block B Scrabo Business Park
Telephone: 02891 815991 Email: email@example.com
The Information Commissioner’s Office – Northern Ireland
14 Cromac Place,
Telephone: 028 9027 8757 / 0303 123 1114
2. Conditions Applicable
2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of goods and supply of services entered into by the Company. All conditions of the Customer or other terms and conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and these terms and conditions shall be deemed to be incorporated in any quotation received from the Company and the Customer’s own conditions shall not be regarded as a counter offer.
2.2 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.
3.1 The Customer acknowledges that no contract was entered into in reliance on any representations other than those incorporated in the Company’s quotation and these Conditions, and particularly no catalogue or price list shall form part of the contract documents.
3.2 A quotation by the Company shall not constitute an offer and there shall be no binding contract until the Company has confirmed acceptance of the order placed by the Customer.
3.3 Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the rate in force at the date of the Company’s invoice to the Customer.
3.4 Quotations assume the accuracy of information provided by the Customer and are not valid in the event of any information supplied to the Company being incomplete, inaccurate or misleading. Any modifications to specifications required after the Company has provided a quote will entail an extra charge being raised at a reasonable rate having regard to the nature of the modification.
4.1 Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods and services whenever they are tendered for delivery.
4.2 If goods are sold and delivered to the Customer in instalments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the instalments or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated. Further the Customer shall have no right of set-off against any monies due to the Company under this or any other contract.
5. Cancellation and Variation
5.1 No cancellation, suspension or variation by the Customer of any order accepted by the Company shall be valid unless agreed by the Company in writing and such agreement may only be given on terms which compensate the Company for any loss, costs, damages, charges and expenses thereby incurred by the Company, such compensation to be decided by the Company in its absolute discretion. In particular, the Company reserves the right to charge a 15% handling charge for goods which are accepted back into stock for credit, although the Company’s claim in this regard may not be limited to this sum.
5.2 The Company reserves the right to make any changes in the specification of goods which are required to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customer’s specification which do not materially affect their quality or performance.
5.3 The Company reserves the right to cancel fulfilment of any orders accepted by it should a credit check on the Customer’s credit worthiness prove to be unsatisfactory to the Company in its absolute discretion.
6. The Price and Payment
6.1 The price to be paid by the Customer shall be the sum(s) shown by the Company’s Invoice(s) which shall be based on the sum quoted or the Company’s list price for the goods but which may also take into account any increase in the cost of goods and materials, increased labour, transport, storage, fuel and power charges arising after the date of the quotation or contract or during the performance of the contract. The Company shall not be liable for any delay in the performance of the contract by reason of any delay or failure of the Customer in supplying any specification required.
6.2 All sums due to the Company from the Customer are payable on demand.
6.3 Where goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.
6.4 If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered thereunder.
6.5 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest on the outstanding monies both before and after Judgment from the due date to the date of actual payment at the rate set by the Secretary of State from time to time under the Late Payment of Commercial Debts (Interest) Act 1998. In addition the Company reserves the right in its absolute discretion to recharge preferential discounts previously agreed on orders should payment not be made by the due date. The Customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred.
6.6 The Company shall have a general lien on all and any goods for the time being under its control belonging to the Customer for all sums due and for all claims of every description by the Company against the Customer in respect of any order or account and if any sum or sums remain owing to the Company fourteen days after the Customer has been given notice in writing of the exercise of such lien the Company shall have the power to sell the whole or any part of such goods to discharge the same sums and claims and all expenses incurred in connection with the sale of goods and any balance of the proceeds of such sale shall be paid by the Company to the Customer.
6.7 The Customer shall not in any event, until all monies due have been paid to the Company, be entitled to pledge, or in any way charge by way of security for any reason, any of the goods which remain the property of the Company, but if the Customer does so all the monies due to the Customer shall become immediately due and payable without prejudice to any other right or remedy of the Company.
7. Title and Risk
7.1 The risk in goods sold to the Customer shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration of the goods or a part thereof at the time of the tender if the Customer wrongfully fails to take delivery of the goods when tendered or from the time when the same leave the premises of the Company (or the premises where the same were not stored for or by the Company or to the Customer’s order) save that if the goods are sold “ex works” and are not collected by the Customer by the due date for collection the goods shall be the at the sole risk of the Customer thereafter. Where the goods are delivered by carrier any claims for loss or damage in transit must be made by the Customer against the carrier in accordance with any terms and conditions of business of the carrier.
7.2 Title in the goods or any part thereof shall only pass to the Customer when payment in full therefore has been made and the Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the goods may from time to time be situate and to repossess the goods as the Company’s fiduciary agent and bailee.
7.3 The Customer shall at all times until payment in full keep the goods separate from all other goods in the Customer’s possession, clearly marked as the property of the Company and shall store the goods in a safe and proper manner. The Customer shall insure the goods at all times and account to the Company for any proceeds of any such insurance and the amount of such proceeds received by the Company shall be set off against the sum due for goods or any part thereof outstanding. Any proceeds of such insurance shall at all times be kept separate from any and all other monies held by or on behalf of the Customer.
Subject as expressly provided in these Conditions and except where goods are sold or services provided to a person dealing as consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
If any distress or execution shall be levied on the Customer’s property or assets or any part thereof, or if the Customer shall make or offer to make any arrangement or composition with its creditors generally or if the Customer:
(a) being an individual, commits any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him or
(b) being a partnership, if the said partnership is dissolved for whatsoever reason or if any partner commits any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against any partner or the partnership or
(c) being a limited company, if proceedings are commenced for the liquidation of the Customer or if a meeting of creditors is called pursuant to Section 588 of the Companies Act 1985 or if a resolution is passed for the voluntary winding up of the Customer (other than a members voluntary winding up for the purpose of amalgamation or reconstruction only) or the appointment of an Administrator or if a Receiver is appointed of all or any of the assets of the Customer, or the Customer ceases, or threatens to cease, to carry on business then the Company shall have the right forthwith to determine all subsisting contracts whether remaining to be performed in whole or in part by serving written notice of such determination on the Customer, and all monies due to the Company shall become immediately due and payable.
10. Restriction on Liability
10.1 Should the Company be restricted, hindered, delayed in or prevented from carrying out its obligations under the contract by any circumstances whatsoever outside the Company’s reasonable control including, without prejudice to the generality of the foregoing and without limitation, any act of God, war, riot, strike, lock-out, trade dispute or other labour disturbance, fire, flood, difficulty in obtaining workmen, fuel, materials or transport, government restrictions or the exercise of government authority, whole or partial failure of equipment or the Company’s suppliers then the Company shall not be liable to the Customer for any loss or damage whether direct or indirect which may thereby be suffered by the Customer and furthermore the Company shall be at liberty to determine or suspend the contract without incurring any liability for any loss or damage resulting to the Customer. The apportionment of available goods between separate orders and separate Customers shall be entirely within the discretion of the Company.
10.2 The Company shall not in any event be liable for indirect or consequential loss or damage including without limitation loss of profits, of use, or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising in contract, tort or otherwise and in all other cases liability shall be limited to the contract price, and the provisions of this sub-clause shall survive the termination of an order or contract however arising.
10.3 No liability for any other losses shall attach to the Company unless details of such losses are notified to the Company in writing within seven days of the date of delivery or the date of the event giving rise to such loss if delivery is not accomplished. In cases of alleged non-delivery claims must be notified to the Company within 14 days of dispatch of the goods by the Company.
11. Applicable Law
These Terms and Conditions and the right and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of Northern Ireland
12.1 Any notice to be served on the Customer shall be duly served if delivered by hand or sent by first class post:
in the case of service on an individual or partnership, to his or their last known principal address or
in the case of service on a limited company, to its registered office for the time being.
12.2 Any notice shall be deemed to have been served
if delivered by hand, at the time of delivery;
if sent by first class post, on the second day after the date of posting.
The paragraph headings in these Terms and Conditions are for identification purposes only and do not form part of these Terms and Conditions.