Terms and Conditions

Stove Yard Ltd t/a Stove Yard Cheshire
– Standard Terms Conditions of Showroom Sales 

These terms and conditions apply to the sale and delivery of any goods by Stove Yard Cheshire to a purchaser (‘the Buyer’) unless they are inconsistent with any other express terms of agreement made between Stove Yard Cheshire and the Buyer in writing before the Goods are delivered.
The term ‘Goods’ implies any products or services supplied by Stove Yard Cheshire and ‘Goods Distributor’ implies the Goods manufacturer or Goods importer or their wholesale distributor(s).
These Terms and Conditions are not intended to limit or affect your statutory rights.

1 PAYMENT TERMS

1.1 Payment of the Goods is to be made in accordance with these Terms and Conditions unless agreed in writing by Stove Yard Cheshire.
1.2 A 50% deposit is required at the time of placing your order, but some items may need to be paid in full at the discretion of Stove Yard Cheshire.
Any balance must be paid in full when Goods specially ordered by Stove Yard Cheshire are received into our warehouse.
1.3 All goods must be paid for in full prior to the Goods leaving Stove Yard Cheshire’s warehouse. Payment must be made at the latest 72 hours before the Goods are scheduled to leave the warehouse.
1.4 The Buyer shall not be entitled to make any set-offs against sums due to Stove Yard Cheshire or withhold payment in respect of any counterclaim without the express written permission of Stove Yard Cheshire.
1.5 A Buyer in subsequent breach of these terms can be charged additional interest at the rate of 2% per month on the balance owed without prejudice to Stove Yard Cheshire’s rights of recovery.
1.6 These terms and conditions of sale do not imply that a credit account with Stove Yard Cheshire is ongoing or that credit will be granted by Stove Yard Cheshire.

2.0 OFFER OF ACCEPTANCE

2.1 The placing of an order (whether verbally or in writing) and whether or not based on a quotation from Stove Yard Cheshire, shall be deemed to be subject to the Terms and Conditions herein contained, and these Terms and Conditions shall be applied to the order and to any contract resulting from the acceptance thereof to the exclusion of any other provision contained in any other document issued by either the Buyer or Stove Yard Cheshire, in particular, but without prejudice to the generality of the foregoing contained in any order sent by the Buyer.
2.2 Any modifications or amendments of these Terms and Conditions shall not be binding upon Stove Yard Cheshire unless otherwise stipulated herein, or agreed on behalf of Stove Yard Cheshire with the Buyer in writing.
2.3 Stove Yard Cheshire reserves the right to accept or reject, in whole or in part, orders or instructions received by it from any agent, employee or representative of the Buyer.

3.0 DELIVERY

3.1 Delivery dates and times given by Stove Yard Cheshire are deemed to be estimates only and any delay in delivery shall not give the Buyer the right to repudiate the contract or to reject the Goods in question. Whilst every care is taken to avoid delays to deliveries, Stove Yard Cheshire does not accept any liability for any loss or damage resulting from delay in delivery, or failure to deliver whether or not caused by circumstances within its own control.
3.2 Delivery of and risk in the Goods shall be deemed to have taken place by Stove Yard Cheshire, or our nominated courier’s physical delivery of the Goods to the Buyer, the Buyer’s premises, the Buyer’s haulier or to the Buyer’s nominated delivery address.
3.3 A signature for any delivery by any agent, employee or representative of the Buyer or by any independent haulier nominated by the Buyer shall be regarded as acceptance of the delivery and conclusive proof that the delivery by Stove Yard Cheshire or Stove Yard Cheshire’s agent or courier carrying out the delivery in accordance with specific instructions given in writing by the Buyer, has been satisfactorily completed.
3.4 Where Stove Yard Cheshire delivers Goods to the Buyer the Buyer has the responsibility of ensuring safe access and safe and suitable storage fully complying with all aspects and regulations regarding Health and Safety made by the Government or other acknowledged authority and that all receiving storage facilities will accommodate the Goods ordered and that all health and safety regulations and requirements laid down by the Government or other acknowledged authority are fully complied with at the point of delivery.
3.5 Stove Yard Cheshire cannot accept any responsibilities for the health and safety of the Buyer or his/her representatives mounting the Company’s vehicles or the Company’s designated courier’s vehicles, for whatever reason or purpose.
3.6 Except when within a written guarantee is given by the Company, at any time or date for the delivery is an estimate only and shall not be of the essence. Claims for non-delivery or damage will only be accepted if received in writing by Stove Yard Cheshire within 3 days of the date of delivery or of damage.
3.7 Failure to deliver the Goods or damage caused to the Goods due to inadequate site access and or the lack of proper facilities shall be at the risk of the Buyer.
3.8 Stove Yard Cheshire reserve the right to charge the Buyer for a delivery which has failed because the Buyer or their nominated representative has not been available to accept delivery from the Company or its designated courier on the agreed delivery day or the Buyer has not informed the Company of any adverse access conditions prior to the delivery.

4.0 COMPONENTS / QUANTITY

4.1 The quantity of all consignments shall be ascertained by or on behalf of Stove Yard Cheshire and be notified to the Buyer in written advice.
4.2 Such quantity shall be conclusive unless any irregularity in the measuring or in the notification is proved.

5.0 TRANSFER OF PROPERTY

5.1 The property in the Goods shall not pass to the Buyer and legal beneficial ownership of the Goods shall remain with Stove Yard Cheshire unless and until Stove Yard Cheshire has received payment in full for the Goods in question (each being considered as a whole).
5.2 In the event of recovery of Goods being necessary, Stove Yard Cheshire or its appointed agent shall be entitled to enter any premises where these Goods are stored or believed to be stored to retrieve the Goods.

6.0 RISK AND INSURANCE

6.1 Stove Yard Cheshire shall not be liable in respect of any claim arising out of any loss or damage caused to any person or property by the use of any of the Goods supplied. All risks in the Goods pass to the Buyer upon delivery. It is the Buyer’s responsibility to obtain adequate insurance coverage for the Goods against any loss or damage occurring after delivery. Stove Yard Cheshire accepts no responsibility for any losses incurred due to the Buyer’s failure to insure the Goods appropriately.
6.2 The Buyer shall not be entitled to make any set-offs against sums due to Stove Yard Cheshire or withhold payment in respect of any counter claim without the express written permission of Stove Yard Cheshire.

7.0 VALUE ADDED TAX (VAT)

7.1 All prices quoted by Stove Yard Cheshire are inclusive of Value Added Tax at the VAT rate ruling at the time of the quotation and are subject to alteration to any VAT rate variation applicable at the time of delivery.
7.2 Stove Yard Cheshire’s interpretation and application of any special VAT rates for particular goods, or for any VAT which is not applied to goods deemed to be for a particular purpose under the VAT rules or for export to the Buyer are subject to any HMCR final VAT ruling and Stove Yard Cheshire reserves the right to subsequently charge the Buyer for unpaid VAT that HMRC deems to be applicable to the goods.

8.0 FORCE MAJEURE

8.1 If Stove Yard Cheshire is prevented or delayed (directly or indirectly) from delivering the Goods or any part thereof on the agreed date of delivery, or from otherwise performing the contract or any part thereof, due to reasons outside its control, including but not limited to act(s) of God, war, riot(s), lock-out(s), trade dispute(s), fire(s), break-down, terrorism, interruption of transport, extreme weather conditions, or Government action, it shall not be liable to the Buyer for any resulting
delays or non-performance. In such cases, Stove Yard Cheshire reserves the right to extend the time for delivery or performance by a period equivalent to the duration of the delay. Stove Yard Cheshire shall not be liable for any consequential or incidental damages, including but not limited to loss of earnings, arising from such delays.

9.0 MANUFACTURERS’ WARRANTIES

The term ‘Goods’ implies any products or services supplied by Stove Yard Cheshire and ‘Goods Distributor’ implies the ‘goods’ manufacturer or ‘goods’ importer or their wholesale distributor(s). These Terms and Conditions are not intended to limit or affect your statutory rights.
9.1 Stove Yard Cheshire shall at all times act in good faith in the pursuance of the Buyer’s reasonable warranty claim under the Goods Distributor’s warranty terms and conditions and the Goods Distributor’s authorised agency agreements terms and conditions between Stove Yard Cheshire and the Goods Distributor.
9.2 The Goods Distributor’s warranty does not cover the failure of the Stove Yard UK Ltd t/a Stove Yard Cheshire – Standard Terms and Conditions of Showroom Sales Goods to perform due to the failure of the Goods’ installation because of non-conformance to Building Regulations or good building practice.
9.3 The Goods Distributor’s warranty does not cover any Goods which form part of an illegal installation (i.e. an installation which has not been notified to the local authority Building Control or which has not been carried out by a Hetas Registered Installer).
9.4 The Buyer agrees that Stove Yard Cheshire shall act on the Buyer’s behalf in the first instance in determining the extent or validity of any reasonable claim made against the Goods Distributor under the terms and conditions of the Goods Distributor’s warranty.
9.5 The Buyer agrees that Stove Yard Cheshire is therefore entitled to make any reasonable requests for information from the Buyer or to examine the Buyer’s Goods to ascertain the extent or validity of the warranty claim and that the terms and conditions of the manufacturer’s warranty have been met by the Buyer prior to the warranty claim being forwarded by Stove Yard Cheshire to the Goods Distributor on behalf of the Buyer.
9.6 Failure by the Buyer to satisfy Stove Yard Cheshire’s reasonable requests for information as outlined in paragraph 9.5 will result in a warranty claim being rejected by Stove Yard Cheshire.
9.7 Stove Yard Cheshire’s decision on the validity or extent of a warranty claim is final and therefore Stove Yard Cheshire can reasonably reserve the right not to act on the Buyer’s behalf where it feels that the warranty claim is unreasonable or that the Buyer has failed to meet the terms and conditions of the Goods Distributor’s warranty.
9.8 Where a Buyer’s warranty claim has been rejected by Stove Yard Cheshire then no further correspondence regarding the Buyer’s warranty claim shall be entered into with the Buyer by Stove Yard Cheshire and the Buyer should therefore correspond directly with the Goods Distributor to pursue their warranty claim.
9.9 Where a warranty claim is forwarded to the Goods Distributor on behalf of the Buyer by Stove Yard Cheshire it should not be deemed by the Buyer that the warranty claim will necessarily be met in full or in part by the Goods Distributor.
9.10 Where a warranty claim is rejected in full or in part by the Goods Distributor then this decision is final and no liability shall be accepted by Stove Yard Cheshire for any losses whatsoever incurred by the Buyer from the failure of the Goods or from the rejection of the warranty claim by the Goods Distributor.

10.0 REJECTED GOODS AND CANCELLED ORDERS

10.1 If the Buyer has cause to lodge a complaint regarding the quality or performance of the Goods supplied by Stove Yard Cheshire, details of such complaint must be received in writing at Stove Yard Cheshire’s office within 7 days of the Goods being received. Stove Yard Cheshire is not responsible for complaints arising from issues related to installation, which should be directed to the installer.
10.2 Outside of this arrangement the Buyer will not be entitled to receive recompense from Stove Yard Cheshire should the complaint subsequently contain any substance, except where the Good’s quality or performance fail to meet the Goods Distributor’s product terms and conditions.
10.3 Any Goods intended for return to Stove Yard Cheshire must be in a saleable condition and where reasonable within the original packaging.
10.4 Where goods have been specially ordered by Stove Yard Cheshire on behalf of the Buyer and are subsequently rejected by the Buyer or the Buyer cancels their order for the Goods, Stove Yard Cheshire shall be entitled to retain the Buyer’s deposit in part or in full for the said Goods and in addition charge the Buyer for any subsequent re-stocking charges levied by the Goods Distributor for the return of the Goods by Stove Yard Cheshire to them. The minimum charge for this shall be not less than 25% of the total cost for the rejected goods or cancelled order.
10.5 Where Goods have been custom-made or uniquely tailored for the Buyer, including but not limited to items with modifications or personalised specifications requested at the time of order, such Goods are exempt from return or cancellation unless proven defective or not as described. Refunds or exchanges for these items will not be issued.
10.6 Where Goods have been created or modified by the Goods Distributor for Stove Yard Cheshire at the request of the Buyer and the Goods are subsequently rejected or cancelled by the Buyer, Stove Yard Cheshire shall be entitled to charge the Buyer the full and final agreed cost for the Goods.
10.7 Goods to be returned by Stove Yard Cheshire can only be made with the prior written agreement of Stove Yard Cheshire. Goods returned without prior written agreement can be rejected by Stove Yard Cheshire. Accepting such Goods by Stove Yard Cheshire’s warehouse does not imply that Stove Yard Cheshire accept the Buyer’s reason for returning said Goods.
10.8 Discounts, Bulk Discounts and Special Offers: Where Stove Yard Cheshire applies a discount to particular Goods or a general bulk discount to the whole of an order for Goods then Stove Yard Cheshire reserve the right, at its discretion, to determine the extent the value of any returned Goods shall affect the terms of the discount and how the return value of the Goods is subsequently applied to that discount. Goods such as unused installation components returned by installers or the Buyer will not automatically qualify for a refund unless explicitly requested by the
Buyer. Stove Yard Cheshire reserves the right to withhold refunds for such items if the value of the returned Goods is less than the bulk discount applied to the order.
10.9 The Buyer is responsible for ensuring that all returns and cancellations adhere to the conditions outlined above. Refunds, where applicable, will exclude delivery and restocking fees unless the product is proven defective.
10.10 Certain Goods may feature natural variations in appearance, shade, texture, or finish that are inherent to the materials used or their manufacturing processes. These natural variations do not constitute defects and do not qualify for refunds or returns unless the Goods fail to meet agreed specifications or are otherwise proven defective. Refunds, where applicable, will exclude delivery and restocking fees unless the product is proven defective.

11.0 INSTALLATION OF GOODS

11.1 Stove Yard Cheshire does not provide installation services for the Goods and does not accept payment for installation, except in cases where Stove Yard Cheshire invoices directly for installation. Buyers are responsible for arranging installation services directly with an installer of their choice. Stove Yard Cheshire is not involved in any agreement or contract between the Buyer and the installer unless installation has been directly invoiced by Stove Yard Cheshire. Buyers may proceed with purchasing Goods from Stove Yard Cheshire regardless of whether they choose to use an installer or not. When Stove Yard Cheshire facilitates contact by providing the Buyer’s details to an installer, it does so as a courtesy and without endorsing or guaranteeing the competence or quality of the installer’s work. The Buyer assumes full responsibility for engaging and working with the installer and acknowledges that Stove Yard Cheshire bears no liability for any issues arising from the installation.
11.2 The Buyer or their appointed representative must ensure that the installation site is adequately prepared and complies with all relevant regulations before installation begins. This includes addressing any pre-existing conditions, such as structural defects, safety hazards, or maintenance deficiencies, that may affect the installation or functionality of the Goods. For example, chimneys must be inspected and swept by a qualified chimney sweep prior to installation. Stove Yard Cheshire accepts no liability for delays, additional costs, or damages arising from inadequate site preparations or pre-existing conditions.
11.3 It is required for the Buyer or their appointed responsible representative to be present when installation work is completed so that the Goods can be commissioned and their safe operation determined. This is not the responsibility of Stove Yard Cheshire.
11.4 The Buyer or appointed representative should ascertain that the work is complete, that the Goods supplied by Stove Yard Cheshire are performing correctly, and that the installation has been finished to a satisfactory standard. This is not the responsibility of Stove Yard Cheshire.
11.5 Complaints regarding the Goods supplied by Stove Yard Cheshire as part of an installation must be made in writing within 7 days of the installation date. Stove Yard Cheshire is not responsible for issues arising from the installation itself, and such complaints must be directed to the installer. Complaints made outside this time frame may not be entertained unless otherwise agreed in writing.
11.6 Stove Yard Cheshire bears no liability for the quality, compliance, or outcome of any installation work carried out by installers. It is the Buyer’s responsibility to arrange installation directly with an installer.

12.0 INDEMNITY

12.1 The Buyer agrees to indemnify and hold harmless Stove Yard Cheshire from any claims, damages, losses, or liabilities arising from the improper use, installation, or handling of the Goods. This includes any third-party claims or financial losses resulting from the Buyer’s negligence, failure to comply with applicable safety requirements, or breach of contractual obligations.

Ref: SYC T&C 07.01.25 ©Stove Yard Cheshire 2025

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