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Freedom Green Energy
Station Yard, Station Road
Llangadog, Camarthen, SA19 9LS
[email protected]
0333 700 0275

Terms and Conditions of Sale

Terms and Conditions of sale and delivery to installers of biomass boilers and ancillary products.

General Introduction:

Please read these terms of sale carefully. When placing an order on our order form you will be asked to agree with these terms and conditions by signing our order form. Orders forms will only be accepted when signed. These terms of sale apply to all orders which include Froling products unless amendments are agreed in writing by both parties.

 

1.1. Interpretation.

In these terms of sale “we” means Freedom Green Energy (including the abbreviation of FGE). (“us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products. (“your” will be construed accordingly).

 

1.2. Quotation Periods:

Quotations are dated and are valid for the number of days specified on the quotation. The length of quote validity is determined by the volatility of the euro exchange rate at the time of the quote. This is to achieve best exchange rate and quote price for the customer. If the euro rate drops by more than 2 eurocents against British Pound Sterling from the quote acceptance to the date of full payment by the installer, FGE reserves the right to recharge the difference. If the quote validity is out of date, a new quote should be obtained before placing an order with FGE. Should a longer quote validity period be requested, this will be considered, but usually at a lower exchange rate.

 

1.3. Training and Competence to install, commission, operate and service

In requesting and accepting a supply quotation from FGE, the purchaser accepts its responsibility to undertake directly or appoint such an individual or entity that can install, operate and service the equipment purchased to the standard required by the manufacturer. The equipment installed must be installed in line with all relevant industry standards and the laws of the country in which the equipment is to be installed and in line with the requirements of the overall installation that the purchased equipment becomes a part of. New installers will be offered relevant training for the installation, commissioning, operation and servicing commensurate with the technical level of the equipment purchased. This will either be via official courses provided by Froling or their distributors or will be on site training conducted by an FGE engineer. This training is chargeable, however credits may be gained through the purchasing of boilers. If this training is declined, it will be deemed that the purchaser has self-declared their competence to install, commission, operate and service the purchased equipment to the required standard. Any telephone support and required engineer visits relating to issues that are covered within the declined training would be chargeable at our latest published rates (Copies available on request).

 

1.4. Commissioning

A commissioning charge will be specified on the equipment quote. Commissioning charge rates are in line with the normal technical specifications of the individual boiler. Where a boiler location is known at the point of quotation, any required additional charges for travel, subsistence and accommodation for commissioning will be specified. Otherwise these charges will be estimated based on the office location of the ordering installer. The commissioning charge includes technical telephone support for the boiler during the installation period and up to three months after the boiler commissioning. A pre-commissioning check list will be required to be completed and signed prior to the scheduling and undertaking of the commissioning to confirm that the site and equipment is safe and ready for commissioning. If upon arrival to commission the equipment, our engineer is not able to undertake the commissioning due to onsite conditions or incomplete works, the visit may be aborted and an abortive charge will be incurred. Should our engineer be delayed or have to undertake additional works due to onsite conditions or incomplete works, an additional charge will be made.

If our commissioning service is declined on the boiler, it will be deemed that the purchaser has self-declared their competence to install, commission, operate and service the purchased equipment to the required standard. Any telephone support and required engineer visits on issues that are covered within the declined commissioning would then be chargeable at the latest published rates. (Copies available on request)

 

1.5. Froling Product Warranty – General

Froling will warrant parts from point of delivery as follows:

– For removable : the lesser of 2 years or 5000 operating hours excluding labour

– For non-removable parts: the lesser of 3 years or 7500 operating hours excluding labour

Boilers and parts are sold to installers on this basis and parts are only warranted on the basis of the correct installation, set up and commissioning of the boiler and that it is operated and maintained to the manufacturer’s instructions. Where a boiler or components are supplied to you as an installer and you install it for an end user, we assume you have warranted the installation for two years and have included the labour aspect for any boiler component warranty claims. By nature of a boiler being a part of an overall sometimes complex heating system, we would expect an installer to warrant the labour of their whole installation including the boiler in regards to operational software, fault diagnosis, removal and replacement of parts. We would expect their capability to do this to be commensurate to their selfdeclared ability to install such technologies and to support the operation of such a system under a service agreement and in line with the product training offered. For issues arising beyond this level of accepted knowledge, we, the distribution partner of Froling would then get involved in supporting the installer to reach resolution with the manufacturer, attending site if required. If our engineer, by mutual agreement attends site and the problem is deemed not  to be a faulty Froling part or faulty Froling software or issue caused by commissioning or other works carried out by our engineers, FGE Biomass reserve the right to charge for time on site, traveling time and mileage on our standard engineers published rates.

 

1.6. Extended Warranty .

Froling offer a five-year parts warranty on some of their residential boiler range. If the boiler purchased qualifies for this, it is on the following basis: That at point of commissioning, that either Freedom Green Energy Ltd enters into a five-year service and maintenance agreement with the customer or that it endorses in writing the installer’s 5year service and maintenance agreement with the customer; (i.e. that it complies with Froling’s servicing and maintenance standards). The engineers servicing the boiler must be trained to a Froling approved standard.

 

A 5-year service and maintenance agreement will only be entered into by Freedom Green Energy Ltd or an installer service and maintenance agreement endorsed by us, when the evidence is produced of the boiler identification and of the correct boiler installation along with valid commissioning certificate. Whoever holds the 5yr service and maintenance agreement will be expected to cover the labour aspect of any boiler component warranty claim and this should be costed to the end user accordingly. A completed 5yr warranty registration document must be received by us within 28 days of commissioning to qualify.

 

1.7. Spare Parts (Warranty and Non-Warranty)

In placing a verbal or written request for a spare part, the following terms and conditions apply: You are responsible for the correct identification of the required part. We can assist in the identification using expanded component drawings however incorrect parts will be subject to a 25% re-stocking charge plus delivery costs.

 

If a replacement part is claimed under Froling’s parts warranty these further terms and conditions will apply:

We require the following information at the point of order: Boiler Type and size, Boiler serial number, Operating hours (Boiler Active figure), Fault details. (This is to confirm warranty validity and speed up process). Froling parts are dispatched using standard delivery, whether from our stock or direct from Froling. Should you request express delivery, this additional cost is payable by yourselves. Once we have delivered the replacement part, we will invoice you for the part. To obtain a credit for this invoice, we require the faulty part to be returned to our office free of charge within 30 days of the delivery of the replacement item, along with a fully completed returns form, detailing the specific fault. Upon return to our office, the goods and paperwork will be inspected and if deemed to be accurate, will be sent to Froling. If we believe that the part is not a valid warranty claim or if the paperwork is not complete or accurate, we will advise you and the part will be held by us until we have received the required satisfactory information. Once the faulty part is received by Froling, it will be inspected along with the paperwork and if deemed to be a valid warranty claim, we will issue you a credit note for the part that was invoiced. If we return an item to Froling in good faith under the warranty terms and Froling deem the part not to be a valid warranty claim, the replacement part will not be credited and will become payable according to your credit terms.

 

A warranty part invoice will only become payable should you not return the part to us within 30 days or if you have returned the part within 30 days, but Froling determine the part is not covered by warranty. Should a warranty claim part and correct documents not be returned to us within 30 days of the replacement part delivery, the replacement part invoice will become payable immediately in line with your agreed credit terms with Freedom Green Energy Ltd.

 

Items returned after 30 days will be processed in the same manner above and provided they meet the valid warranty criteria, the payments you have made in regards to replacement parts will be refunded or credit applied to your account.

 

We reserve the right to make a charge of £25 per item for late returns or returns received with incomplete returns paperwork. The value of Invoices raised for warranty parts will form part of any credit level agreed between FGE and you.

 

2. Order Process.

Quotations are provided based on information given by you. They are not a statement of design. These quotes will have a valid time period specified on them, normally 30 days, but this may be between 14 and 21 days during periods of high currency volatility. This is stated on the quote. The quote will contain a payment plan includingdeposit. The quote and our terms of sale are deemed accepted once we receive a written confirmation and the required deposit payment. An order confirmation including expected delivery time scale will be issued within 24hrs of deposit receipt.

 

3. Price and Payment

Prices will be confirmed on our quotes and will be valid for the period specified on the quote. Once the order is placed, the price is fixed, except in the following circumstance: Froling reserve the right to change prices between order and delivery. Should this unlikely event occur, we will absorb any price rise to a limit of 2% of the Froling order value.

 

Standard payment terms: A deposit of 50% of order value is due with order. The final 50% amount is payable prior to delivery.

 

Credit terms offered are at the discretion of Freedom Green Energy. Freedom Green Energy reserve the right to credit check the purchasing entity/company and where appropriate obtain a consumer credit report on individual officers of the purchasing entity/company.

 

Where a £/euro exchange rate is used to calculate the amount payable and payment is not received within agreed terms; FGE reserve the right to re charge any euro exchange rate trading losses on the outstanding amount. FGE reserves the right to claim interest and compensation on overdue payment pursuant to the Late Payments of Commercial Debts (Interest) Act 1998 or any replacing Act or subsequent regulations. It is the company’s policy to institute legal proceedings against all overdue accounts.

 

4. Your Commitment

You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale. The information provided in your order is accurate and complete. It is your responsibility to ensure that the equipment specified meets with your requirements.

 

5. Delivery and Dates

A delivery schedule will be issued with order confirmation. This is non-binding and subject to: Froling’s Delivery dates terms and conditions. Delivery dates are always non-binding. Boilers systems are delivered on pallets. The receiver will provide fork lift offloading capability. In the event where we have to provide specialist offloading (e.g. Tail lift delivery) the additional cost will be passed to the purchaser. Other components may be delivered by courier. Orders may be delivered in advance and multiple deliveries.

 

Delays in delivery shall not entitle the purchaser to assert claims for damages. The purchaser shall only be entitled to rescind the contract once a reasonable period of grace set by the same has elapsed. The delivery period is suspended for the duration of the following circumstances beyond our control, which affect us or our suppliers: difficulties in procuring raw materials, stoppages, strikes or lockouts and all incidents of force majeure. If the reasons listed above last longer than eight weeks, we shall be able to rescind the contract without stating any further reasons. If goods completed in due time are not accepted by the purchaser at the location or time specified in the contract, the vendor can place the goods in storage at the cost and risk of the purchaser. This does not affect the purchasers’ obligation to pay the purchase price. The vendor also has the right to issue an invoice.

 

All deliveries should be checked and any shortages/damage items advised within 7 days of receipt; thereafter claims will be accepted only at our discretion.

 

6. Conclusion of Contract

A contract is deemed to have been concluded when we issue a written order confirmation following receipt of an order or when the goods are delivered to the purchaser immediately after receipt of order. In the latter case, the invoice also serves as order confirmation. Changes and amendments to the contract must be confirmed in writing by the vendor to take effect. The purchaser shall bear any cost accrued as a result of the changes or contract revocations. The purchasers’ conditions of purchase shall only be binding for the vendor if they are approved separately in writing by the vendor. We can at our discretion, refuse to accept orders without stating the reason. In such cases, any advance payments made by the purchaser shall be refunded.

 

7. Acceptance of supplies and commissioning

If the purchaser would like an acceptance test to be performed on a delivered item, this must be specified in writing at the conclusion of the contract. If the acceptance test shows that the design of the delivered item conforms to that specified in the contract, this must be confirmed by both contracting parties. The purchaser must check, immediately on receipt, that the goods are complete and that they have not been damaged in any way during transportation. Claims of defects must be asserted immediately in writing on the delivery slip by the purchaser or whoever takes receipt of the goods on his behalf. If a notice of defects is not lodged or is not lodged in due time, the goods or services shall be deemed approved. The assertion of warranty or damage claims, as well as the right to avoidance on the ground of error, based on defects is excluded in such cases. If an appliance supplied by the vendor is commissioned by the vendor himself or by a company approved by same, the scope of the warranties offered by the vendor to the purchaser shall be exactly the same as it would have been in the case of delivery of the goods alone. Purchasers’ terms and conditions that we do not acknowledge in writing are not binding on us, even when we do not explicitly reject them

 

8. Ownership

All goods remain the property of Freedom Green Energy ltd until paid in full. The purchaser must keep the goods in proper condition for the duration of retention of title and are responsible for its security once delivered to the purchaser’s premises. The products must not be resold until they have been fully paid for or written permission has been granted by Freedom Green Energy Ltd.

 

9. Technical Values

The technical information regarding measurements, weights, capacities and operating costs etc., contained in our brochures, catalogues, illustrations, technical documents, price lists etc., are approximate and therefore non-binding. Goods may differ in terms of design and compared to samples presented.

 

10. Liability and Consequential Damages

The vendor accepts no liability towards the purchaser for any type of economic or consequential losses. We maintain all rights of recourse.

 

11. System Software

Operating and Control programmes which control operation of the system supplied shall remain the property of the supplier. The purchaser shall be granted a permanent right of use for his system regulated control programme upon full payment for the machinery supplied.

 

12. Miscellaneous

The purchaser must obtain any required approvals from the responsible authorities for the installation of the object of sale. Components may only be returned in immaculate condition in their original packaging within four weeks of the delivery date, subject to a 20% service charge. Components that have been custom made for a system cannot be returned.

 

13. Manufacturer’s Warranty

For supplied Froling boilers and component parts only, (not labour or any associated system failures or repairs)

 

13.1. The warranty period (commencing with date of commissioning of the boiler, not later than 90 days after delivery to Froling distribution partner) is.

 

Standard

– max, 2 years or max, 5000 operating hours for removable parts

– max, 3 years or max. 7500 operating hours for non-removable parts

Only with evidence of the boiler identification plate, boiler operation hours, commissioning certificate and a documented service and maintenance record from a local authorised Froling supplier / partner installer in line with the manufacturers installation, operating and servicing standards.

 

Extended.

Only for qualifying registered residential boilers, when the end user customer has signed and undertaken a 5year service and maintenance contract with a local authorised Froling supplier / partner installer.

– max. 5 years or max. 12.500 operating hours for removable or moving and non-removable or non-moving parts only with evidence of the boiler identification plate, commissioning certificate, 5-year service and maintenance agreement and a documented service and maintenance record from a local authorised Froling supplier / partner installer in line with the manufacturers installation, operating and servicing standards.

 

13.2. The vendor shall only be liable for parts of a product which have been purchased from a sub-supplier to the extent of the warranty claims against the sub-supplier to which he himself is entitled.

 

13. 3. The vendor is obliged to repair any defect affecting the usability of the product, which is based on a fault of design, material or workmanship.

 

13.4. The purchaser must assert any claims of defects in writing immediately and not later than three working days (of detection of defect) otherwise any legal claim shall be excluded.

 

13. 5. The vendor must be given the opportunity to inspect the reported defect and confirm it as such. The vendor shall decide whether to repair the defect themself or to have it repaired by an authorised third party. They shall also decide whether

a. to repair the defective goods on site or

b. to recall the defective goods or the defective parts for repair or

c. to replace the defective parts or the defective goods.

 

13.6. For replacement parts and repairs provided free of charge the same warranty period shall apply as for the original delivery item, but shall be limited in time to the end of the warranty period for the original delivery itemReplaced parts shall become our property and must be returned to us free of charge.

 

13.7. The vendor must only pay the costs for repairs undertaken by the purchaser himself if he had given his written consent in advance.

 

13. 8. The performance description forms part of the delivery item and is essential for proper operation. The performance description includes the instruction manual (operation and assembly instructions) and/or operating conditions for the delivery item, maintenance and service plan, basic legal conditions to be observed and the vendor’s technical guidelines. The warranty obligation only applies for defects which occur when the intended operating conditions have been observed and when the system has been used correctly and normally. The warranty obligation also excludes claims for damages on whatever legal basis, including for example claims based on a breach of obligations contained in subsidiary agreements, in particular advice and obligations to inform.

 

13.9. The warranty obligation does not apply in particular to defects based on: poor assembly by the purchaser or his representatives, poor maintenance, normal wear and tear (including the normal and natural wear of fire- proof cladding such as slight surface abrasion, edge abrasion, cracking, etc. which do not impair functioning), poor repairs or repairs which have been carried out without written consent.