Orders are accepted only subject to the following Conditions, which should be carefully noted so that misunderstandings can be avoided.

1. VALIDITY

Unless previously withdrawn, this quotation expires after 60 days from the date thereof. The customers order whether on the quotation or otherwise shall be an offer and shall not be binding on us unless it has been accepted in writing. Diamond Fire Ltd reserve the right to withdraw or cancel any quotation at any time before acceptance without notice.

2. SUPPLY

All products supplied by Diamond Fire Ltd are sold upon the following terms and conditions, which together with any particulars set out in the quotation(s) of offer shall take precedence over any terms and conditions of the customer. No variation of these terms and conditions shall be valid unless expressly agreed in writing by Diamond Fire Ltd.

3. PRICE

The price payable for the products will be Diamond Fire Ltd price for the products ruling at the time of despatch. All prices are subject to alteration without notice to the customer unless otherwise specifically agreed by Diamond Fire Ltd in writing.

4. PAYMENT

Terms of settlement are strictly nett cash, payable 28 days after the invoice. Diamond Fire reserve the right to charge interest at the Bank of England lending rate from time to time in force 3% on all overdue accounts. The customer shall not be entitled to make any deduction from the price in respect of any set-off or counter claim unless agreed in writing by Diamond Fire Ltd. In the event of Diamond Fire Ltd quotation containing a quotation for supply of goods together with the testing and commissioning of the same after installation. Diamond Fire Ltd shall be paid in respect of the supply of goods contained in the quotation on the 28th day after the invoice, notwithstanding that at such time any such testing and commissioning has not been carried out for whatever reason.

5. DELIVERY

Any time or date named by Diamond Fire Ltd for delivery or installation of the goods is an estimate only and Diamond Fire Ltd shall not be liable for the consequence of any delay.

6. TITLE AND RISK

The risk in all products supplied by Diamond Fire Ltd shall pass upon delivery to the customer. Such products shall remain the sole and absolute property of Diamond Fire Ltd until such time as the customer shall have paid to Diamond Fire Ltd. The agreed price together with the full contract price due to any products, which are the subject of any other contract with Diamond Fire Ltd. The customer acknowledges that it is in possession of products solely as bailee for Diamond Fire Ltd. until such times at the full contract price thereof is paid to Diamond Fire Ltd, together with the full price of any other products which are the subject of any other contract with Diamond Fire Ltd. The customer shall nevertheless be entitled to sell and deliver products to a third party in the normal course of its business. Until such time as the customer becomes he owner of the products it will store them on its premises separately from its own goods or those of any other person and in a manner, which makes them readily identifiable as products of Diamond Fire Ltd. The customers right of possession of the products shall cease of, not being a Company, the customer commits an act of bankruptcy or, if being a Company, the customer does anything or fails to anything which would entitle a receiver to take possession of any assets or would enable any person to present a petition for winding-up or has an administration order made against it. Diamond Fire Ltd may for the purpose of recovery of its products enter upon any premises where they are stored and may repossess the same. The customer is not entitled to return the products and refuse or delay payment on t he grounds that the property has not yet been passed.

7. FORCE MAJEURE

Diamond Fire Ltd shall not be under liability of whatsoever kind for non-performance in whole or in part of its obligations under the contract due to acts of God, act of the customer or a third party, war, insurrection government regulation, embargoes, strikes, labour disputes, illness, flood Fire, tempest, delay in delivery to Diamond Fire Ltd. or shortage of any goods or materials or any cause beyond the control of Diamond Fire Ltd. In any such event, Diamond Fire Ltd may, without liability cancel or vary the terms of the contract, including, but not limited to, extending the time for performing the contract for a period at least equal to the time lost by reason of such event.

8. GUARNANTEE

Diamond Fire Ltd shall be entitled as its option, to wither replace, repair or issue credit to the customer for any goods found to be defective by reason of faulty materials or poor workmanship provided that: -

(a) Diamond Fire Ltd is notified in writing within 7 days of discovery of any such defects by you and in the event not later than 12 months from the date of delivery.

(b) The defective goods are returned to Diamond Fire Ltd., all transportation costs being paid by the customer.

(c) Examination of the goods by Diamond Fire Ltd shall disclose to its satisfaction that such defects exist and have not been caused by misuse, improper installation, neglect, improper repair, alteration or accident.

AND

(d) The customer shall pay to Diamond Fire Ltd the cost (as certified by Diamond Fire Ltd) of the examination of such goods as a result of which the company does not admit liability.

Provided that in the case of a consumer transaction this condition shall not affect the statutory rights of the customer.

9. DAMAGE IN TRANSIT

Diamond Fire Ltd does not accept responsibility for any damage, shortage or loss in transit unless: -

(a) The damage or shortage is notified in writing to both Diamond Fire Ltd and the carrier within three days of receipt of the products and the products have been signed for as ‘Not Examined’ and have been handled by the buyer in accordance with the carriers conditions.

(b) Non-delivery (in the case of total loss) is notified both to Diamond Fire Ltd and to the carrier within three days of the scheduled date of receipt of the products.

10. ACCEPTANCE

The products shall be deemed to have been accepted by the customer as the products comprised in the Confirmation of Order form three days after receipt.

11. NOTICES

Any notice to be given by either Diamond Fire or the customer (including without limitation to the quotation; the order and the Confirmation of Order) shall be sufficiently given if sent by post addressed to the place of the business shown on the face hereof and shall be deemed to have been received two days after it was posted.