Ultimate Renewables Supplies is a trading name and a registered trademark of Ultimate Renewables Supplies Ltd, with company number 14551374, that is registered in England and Wales with its registered office address at: 12-15 Hanger Green, London, United Kingdom, W5 3EL.
1.1 Definitions:
Customer: is the person or firm who purchases goods and/or services specified when ordering by telephone, email or in person.
Customer’s Address: the address specified at the time of ordering.
Delivery Date: the date agreed upon between Ultimate Renewables Supplies and the Customer for the delivery of the Product/s to the Delivery Point.
Delivery Point: the address specified at the time of ordering, which is by default the Customer’s premises or on request another specified location.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world in or associated with the Products.
Invoice: an invoice raised by Ultimate Renewables Supplies
Prices: the prices for the Products and/or services specified on the Ultimate Renewables Supplies latest URS price list and/or by the sales team.
Order: an order, purchase order, email order or phone order for Products and/or services submitted by the Customer to Ultimate Renewables Supplies and accepted by the same in accordance with clause 3.2.
Order Reference: the reference applied to the Order.
Products: the products set out in the Order.
Product Condition: has the meaning given in clause 4.1.
Specification: the specification of the Products and/or services set out on the Ultimate Renewables Supplies latest price list, if any, or any other specification agreed between the parties from time to time.
Supplier: Supplier and Ultimate Renewables Supplies are interchangeable within this document and have the same definition, they both refer to Ultimate Renewables Supplies Ltd, who is the Ultimate Renewables Supplies brand owner.
2.1 Subject to clause 3.4 and to the provisions of this agreement, Ultimate Renewables Supplies shall sell such quantities of the Products and/or services as listed on the latest URS price list and/or by its sales team.
2.2 This agreement shall apply to all future arrangements between the parties for Ultimate Renewables Supplies to supply and the Customer to buy Products and/or services, unless the parties agree otherwise in writing.
2.3 Ultimate Renewables Supplies shall not be obliged to accept any order for any Products and/or services.
3.1 When the Customer wishes to place an order for Products and/or services, it shall do so by telephone, by emailing a purchase order or by speaking to the sales team.
3.2 An order shall be treated as an offer by the Customer to contract with Ultimate Renewables Supplies but shall not be binding until subsequently accepted by the Supplier. Ultimate Renewables Supplies may accept the order and/or subsequent amendments at its sole discretion.
3.3 Collection or delivery of the Products shall occur in accordance with the Order details, email or by telephone and the provisions of this agreement.
3.4 Any other order mechanism or method as stipulated by the Supplier from time to time.
4.1 Subject to clause 4.2, Ultimate Renewables Supplies confirms that all Products and/or services sold to the Customer pursuant to this agreement will conform in all material respects to the Specification (Product Condition). All other warranties or conditions (whether expressed or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in this agreement are fully excluded from this agreement permitted by law.
4.2 The Customer agrees that:
5.1 Ultimate Renewables Supplies will fulfil its contractual obligations in respect of each collection or delivery provided that it makes available for collection or delivers at least the quantity specified on the Sales Order. Where applicable, the Customer shall provide sufficient labour and/or equipment to facilitate loading or unloading in each case, respectively and, in the case of delivery:
5.2 Dates related to delivery indicated by Ultimate Renewables Supplies are approximate only. Time is not of the essence for making the Products available for delivery. Ultimate Renewables Supplies and the Customer shall mutually agree upon the Delivery Date within 3 working days of the Supplier’s communication. Whilst we make every effort to deliver on time and in full, on rare occasions – and subject to human error – delays could occur.
5.3 Ultimate Renewables Supplies deliver to most areas Monday to Friday, and we will do everything possible to deliver within 3 working days, however this is not always possible in more remote locations.
5.4 Ultimate Renewables Supplies will always try to keep you informed of any known delays, but we cannot accept claims for labour and/or waiting in time for deliveries to arrive.
5.5 Certain bulky items of stock are called forward on a daily basis from our holding warehouses and can, on very rare occasions be delayed in arrival by freight, again Ultimate Renewables Supplies encourages Customers not to make installation commitments until the order has been received and inspected upon delivery.
5.6 You may be able to cancel your order by contacting Ultimate Renewables Supplies with your order number at no extra charge. However, if the item has already been dispatched for delivery, we will be unable to refund any of the delivery costs involved.
5.7 Ultimate Renewables Supplies deliver to most areas Monday to Friday, and we will do everything possible to deliver within 3 working days, however this is not always possible in more remote locations.
5.8 Missing, incomplete or incorrect deliveries. If any products are missing from your delivery, please notify us within 72 hours. Once confirmed, a new sales order will be raised to fulfil the missing items, and the corresponding invoice lines will be credited.
5.9 Any incorrect items delivered, or goods lost in transit must be reported in writing within 3 working days of delivery. Upon confirmation, we will arrange collection of the incorrect products. A new sales order will be raised to supply the correct items, and the affected invoice line(s) will be credited accordingly.
6.1 The Customer shall, within 24 hours of delivery of the Products, give written notice of rejection by email to returns@ultimaterenewables.com on account of any defect by reason of which the Customer alleges that the Products collected or delivered do not comply with the Product Condition as described in clause 4.1 and which was not apparent on reasonable inspection; or if there are discrepancies with the sales documentation.
6.2 If the Customer fails to give notice as specified in these terms and conditions then, except in respect of any defect which is not one which would be apparent on reasonable inspection, the Products shall conclusively be presumed to comply with the Product Condition and, accordingly, the Customer shall be deemed to have accepted the Products in question and Ultimate Renewables Supplies shall have no liability to the Customer with respect to the delivery, which is defined as a business to business transaction.
6.3 If the Customer alleges that any Products are defective, it shall, if so, requested by Ultimate Renewables Supplies, return the relevant Products (unaltered) to Ultimate Renewables Supplies for inspection as soon as possible and at the Customer’s own risk and expense.
6.4 If the Customer rejects any Products which do not comply with the Product Condition, Ultimate Renewables Supplies shall, within thirty days of accepting that the Products do not comply with the Product Condition:
6.5 Ultimate Renewables Supplies decision as to whether the Products comply with the Specification shall be final.
7.1 All goods are guaranteed for 12 months unless stated, which is underwritten by the manufacturer. For faulty items, please see Section 12 and its relevant sub-clauses concerning the Return procedures.
8.1 Credit accounts are opened at Ultimate Renewables Supplies sole discretion and are subject to satisfactory credit references.
8.2 Payment for goods and/or services supplied during a month on a credit account shall fall due and must be paid in full by end of month 30 days, from date of invoicing.
8.3 For purchases which are not on a credit account, the payment shall be with the order or at our discretion, on delivery or deemed delivery.
8.4 Time for payment shall be deemed of the essence.
8.5 Customers shall pay to Ultimate Renewables Supplies the total amount stipulated on the invoice, without any deductions.
8.6 In the event of any invoicing discrepancies, the Customer must raise this in writing or by email within seven days from receipt of the invoice.
8.7 In the event of any invoicing discrepancies, or queries relating to an invoice, these queries must not hold up any other due payments on the account, these must be paid on time and in full
8.8 All prices exclude UK VAT.
9.1 In Stock is defined as being in stock within Ultimate Renewables Supplies branch.
9.2 Whilst we make every effort to deliver on time and in full, on rare occasions – and subject to human error – delays could occur. Ultimate Renewables Supplies will always try to keep the Customer informed of any known delays, but we cannot accept claims for labour and/or consequential loss or other damages arising from late deliveries.
10.1 Risk in and responsibility for the Products shall pass to the Customer upon collection from the Branch or delivery, depending on the method agreed for the transfer of the Products.
11.1 Ultimate Renewables Supplies may, immediately on giving written notice to the Customer:
11.2 Ultimate Renewables Supplies may, on giving written notice to the Customer, elect to alter the Specification of any of the Products in accordance with 11.1
11.3 Where the Customer has placed an Order and the Supplier has accepted that Order, and the Specification of any of the Products contained in that Order are varied in accordance with clause 11.1, the Customer may cancel the part of the Order that relates to the varied Products only.
11.4 Ultimate Renewables Supplies may, on giving written notice to the Customer, amend the Sales Order to exclude from this agreement one or more of the Products as it thinks fit. Where the Customer has placed an Order and Ultimate Renewables Supplies has accepted that Order, and any of the Products contained in that Order are excluded from this agreement, the Order shall automatically be varied to exclude such excluded Products.
11.5 You may cancel your order by contacting the Ultimate Renewables Sales Team with your order number at no extra charge. However, if the item has already been dispatched for delivery, we may be unable to refund any of the delivery costs involved.
12.1 When returning items, please package the items safely and wrap items before labelling. Product packaging must be undamaged in order for us to accept the item back for resale. Products with postage addresses and labels on the actual product packaging cannot be accepted for refund.
12.2 Customers should please check their delivery as soon as they can. If you have just had a delivery and something is wrong, please report this to Ultimate Renewables Supplies straight away.
12.3 You do not need to open the sealed product packaging – if something looks like it is damaged or it is not the correct item, in either case please call Ultimate Renewables Supplies straight away.
12.4 Returns and incorrect products are far easier to deal with when they are fresh in everyone’s mind. Ultimate Renewables Supplies will always work with the Customer to find the best solution and rectify mistakes quickly.
12.5 Please note that if the Customer has any discrepancies or damages with the goods once delivered, they must notify Ultimate Renewables Supplies within 24 hours.
12.6 Ultimate Renewables Supplies cannot exchange items that have been subsequently materially altered by a product installer.
12.7 Returns for unrequired products. Items no longer required must be returned within 7 days of purchase and are subject to a 15% restocking fee (clause 13.1). Customers are responsible for ensuring goods are returned in a resaleable condition, including undamaged and original packaging. Product packaging must not be defaced, written on, or damaged in anyway. Items must be returned in a resaleable condition. In some cases, we may request photographic evidence to confirm that goods are in a condition suitable for resale prior to accepting the return.
If items are deemed unsaleable, Ultimate Renewables Supplies Ltd reserves the right to refuse collection and deny any credit.
12.8 Carrier customers. Our returns team will advise you on the appropriate return method. For large or bulky items, we may arrange for a carrier to collect the goods.
12.9 Special orders. Items ordered as special or bespoke from the manufacturer and marked as non-returnable are not eligible for return or collection, unless explicitly agreed with the manufacturer. Any such agreement will be subject to the manufacturer’s terms and conditions. Please note that coloured column radiators are classified as special orders and are strictly non-returnable.
12.10 Please note that if you have any discrepancies or damage with your goods once delivered you must notify Ultimate Renewables Supplies immediately, preferably the same day by email to: returns@ultimaterenewables.com. To facilitate we require photographic evidence, emailed within 24 hours of your delivery to the corresponding local branch.
12.11 Goods found to be faulty on installation. If a product has been installed and is deemed faulty, you must contact the manufacturer directly before taking any further action. In most cases, the manufacturer will send an engineer to assess and rectify the issue. Goods should not be removed or returned without prior consultation with the manufacturer. Failure to follow this process may result in the warranty being void. Ultimate Renewables Supplies Ltd requires a valid manufacturer authorisation number before we can arrange collection or return of any installed goods:
13.1 The Customer acknowledges that:
13.2 The Customer shall not repackage the Products and/or remove any copyright notices, confidential or proprietary tags or identification from the Products.
13.3 The Customer shall not use (other than pursuant to this agreement) or seek to register any trademark or trade name (including any company name) which is identical to, confusingly similar to or incorporates any trademark or trade name which Ultimate Renewables Supplies or any associated company of the Supplier owns, or claims rights, anywhere in the world.
13.4 If at any time it is alleged that the Products infringe the rights of any third party or if, in the reasonable opinion of Ultimate Renewables Supplies, such an allegation is likely to be made, the Supplier may at its option and its own cost:
13.5 The Customer shall promptly and fully notify Ultimate Renewables Supplies of:
13.6 The Customer agrees (at the Supplier’s request and expense) to do all such things as may be reasonably required to assist Ultimate Renewables Supplies in taking or resisting any proceedings in relation to any infringement or claim referred to in clause 13.5.
14.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
14.2 If the period of delay or non-performance continues for 30 days, the Customer may terminate the order by giving 14 days’ written notice to Ultimate Renewables Supplies.
15.1 Ultimate Renewables Supplies will comply with applicable UK Data Protection legislation in processing any personal data provided by Customers in connection with their purchase.
16.1 If you have any complaints or issues relating to your purchase, you should contact Ultimate Renewables Supplies using the contact details provided on the Website. We aim to resolve any complaints within a reasonable time frame. You also have the right to use alternative dispute resolution mechanisms if your complaint cannot be resolved through direct communication with us.
17.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent mis-statement based on any statement in this agreement.
18.1 Ultimate Renewables Supplies total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to this agreement shall be limited to the amount paid by the Customer for the Products.
18.2 Ultimate Renewables Supplies shall not be liable to the Customer for:
18.3 Ultimate Renewables Supplies shall not be liable for any losses arising from the Customer’s subsequent sale and thereafter misuse of the Products including (without limitation):
18.4 Ultimate Renewables Supplies is not liable for:
19.1 If any provision or part-provision of these Terms and Conditions of Trade becomes invalid, illegal or unenforceable, it shall be deleted, but that shall not affect the validity and enforceability of the rest of these terms.
20.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
20.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
21.1 If you wish to contact Ultimate Renewables Supplies, please email us using info@ultimaterenewables.com, write to Ultimate Renewables Supplies, Unit M1, Telford Road, Bicester, OX26 4LD or telephone 01869 929042.