About Hydaheat

These Terms and Conditions apply to Goods supplied by:

Hydaheat Limited
Company number: 15365860
VAT number: 459 9757 13
Registered office: 21 Meeting Lane, Warrington, WA5 2QU
Telephone: 01925 500484

In these Terms, Hydaheat Limited is referred to as “Hydaheat”, “we”, “us” or “our”.

The person or organisation purchasing Goods from us is referred to as “the Customer”, “you” or “your”.

Our Supply-Only Service

Hydaheat is a supply-only underfloor heating specialist.

We supply underfloor heating systems, components and related products. We do not provide installation, site surveys, plumbing, electrical work, screeding, floor preparation, floor finishing, commissioning, maintenance, repair or building services unless expressly agreed under a separate written contract.

Any installer, plumber, electrician, screeder, builder or other contractor appointed by the Customer is independent of Hydaheat.

Hydaheat is not responsible for the acts, omissions, advice, workmanship or charges of any independent installer or contractor.

Technical guidance, quotations, material schedules and CAD layouts provided by Hydaheat do not amount to installation, project management, site supervision, professional engineering design or approval of the completed installation.

Application of These Terms

These Terms apply to orders placed:

a. through our website;
b. by email;
c. by telephone;
d. following a written quotation;
e. through a trade account; or
f. by any other ordering method accepted by us.

By placing an order, you confirm that you have read and accepted these Terms.

These Terms apply alongside any quotation, order confirmation, delivery information, returns policy, warranty information and privacy policy expressly incorporated into the Contract.

Where there is a conflict between these Terms and an individually agreed written quotation or order confirmation, the individually agreed written terms will take priority.

Consumers and Business Customers

A Consumer is an individual purchasing Goods wholly or mainly for purposes outside their trade, business, craft or profession.

A Business Customer is any person or organisation purchasing Goods wholly or mainly for commercial, trade, professional or business purposes.

Consumers have statutory rights that cannot lawfully be removed or restricted by these Terms.

Business Customers do not normally receive statutory cooling-off rights for distance purchases unless Hydaheat expressly agrees otherwise in writing.

Definitions

In these Terms:

“Goods” means underfloor heating systems, pipe, manifolds, pumps, mixing valves, actuators, controls, thermostats, wiring centres, insulation, fixing systems, adhesives, levelling compounds, fittings and any other products supplied by Hydaheat.

“Contract” means the legally binding agreement between Hydaheat and the Customer for the supply of Goods.

“CAD Layout” means any pipe layout, room plan, system drawing, material schedule, quotation drawing or similar document prepared by Hydaheat.

“Bespoke Goods” means Goods manufactured, cut, altered, assembled, configured or personalised to meet a Customer’s requirements.

“Special-Order Goods” means Goods obtained specifically for the Customer that Hydaheat does not ordinarily hold as standard stock.

“Working Day” means Monday to Friday, excluding public and bank holidays in England.

Product Information

We take reasonable care to ensure that product descriptions, specifications, measurements and images are accurate at the time of publication.

Product images are illustrative. Colour, packaging, finish, appearance and minor details may differ from the Goods supplied.

Manufacturers may amend product designs, packaging, materials or specifications without notice.

Where a manufacturer has replaced a product with an updated version, we may supply the updated equivalent provided it offers substantially equivalent functionality and performance.

Measurements and performance figures may be subject to normal manufacturing tolerances.

The Customer must check that the Goods are suitable for the intended purpose before ordering and before installation.

Where a particular brand, model, measurement, connection type or specification is essential, this must be confirmed to us in writing before the order is placed.

Quotations

A quotation is an invitation to place an order and is not our acceptance of that order.

Unless stated otherwise, quotations remain valid for 30 days.

Quotations are based on the plans, measurements, specifications and other information supplied to us.

We may amend a quotation where:

a. measurements or plans change;
b. information supplied was incomplete or inaccurate;
c. the system specification changes;
d. additional Goods are required;
e. delivery requirements change;
f. manufacturer or supplier prices change; or
g. VAT or another applicable charge changes.

The Customer must review the quotation and notify us of any error, omission or required amendment before placing an order.

Goods or work not expressly included in the quotation are excluded.

Orders and Contract Formation

All orders are subject to acceptance, availability and payment.

Placing an order does not mean that we have accepted it.

An automated acknowledgement confirms receipt of an online order but does not necessarily confirm acceptance.

A Contract is formed when we:

a. issue a written order confirmation; or
b. dispatch the Goods,

whichever occurs first.

We may refuse or cancel an order before acceptance where:

a. Goods are unavailable;
b. payment has not been authorised;
c. a price or product description contains an obvious error;
d. delivery to the requested location is unavailable;
e. we reasonably suspect fraudulent or unlawful activity; or
f. we cannot fulfil the order for another reasonable operational reason.

If payment has already been taken for an order we cannot accept, we will refund the relevant amount.

The Customer must check the order confirmation immediately and notify us promptly if anything is incorrect.

Changes requested after acceptance are subject to our written agreement and may lead to additional charges or delays.

Prices and VAT

Prices are stated in pounds sterling.

Website prices will indicate whether VAT is included or added at checkout.

Delivery charges are additional unless expressly stated otherwise.

We may change prices before accepting an order.

Price changes will not affect an order already accepted, except where there is an obvious and unmistakable pricing error.

If an incorrect price has been published, we may:

a. contact the Customer and request payment of the correct price; or
b. cancel the affected item and issue a refund.

Promotional prices apply only during the stated promotional period and while stock remains available.

Payment

Full payment must be received in cleared funds before Goods are dispatched unless written trade credit terms have been agreed.

Accepted payment methods will be displayed during checkout or stated on the invoice.

The Customer confirms that they are authorised to use the chosen payment method.

We may suspend or withhold dispatch until full payment has been received.

Business Customers with agreed credit facilities must pay invoices within the agreed period.

Where a Business Customer fails to pay an invoice when due, Hydaheat may:

a. suspend further deliveries;
b. cancel undelivered orders;
c. withdraw credit facilities; and
d. claim statutory interest and compensation where legally available.

The Late Payment of Commercial Debts legislation provides for statutory interest on qualifying commercial debts.

Ownership of Goods

Ownership of the Goods does not pass to the Customer until Hydaheat has received full cleared payment for them.

Risk may pass before ownership in accordance with the delivery and risk provisions below.

Until ownership passes, a Business Customer must keep the Goods identifiable, properly stored and protected from loss or damage.

CAD Layouts and Material Schedules

Where offered, CAD Layouts and material schedules are produced using information provided by the Customer or another person acting on their behalf.

The Customer is responsible for ensuring that all plans, measurements and project information supplied to us are complete and accurate.

Before ordering or installation, the Customer and installer must verify:

a. room dimensions and floor areas;
b. the scale and accuracy of drawings;
c. manifold positions;
d. pipe routes and circuit lengths;
e. available floor build-up;
f. heat-source compatibility;
g. design flow temperatures;
h. insulation requirements;
i. controls and zoning;
j. floor finishes;
k. electrical requirements; and
l. quantities of all Goods.

CAD Layouts are provided for system planning and product-supply purposes. They are not:

a. architectural drawings;
b. structural calculations;
c. mechanical engineering designs;
d. electrical designs;
e. Building Regulations approval;
f. site surveys; or
g. instructions replacing the manufacturer’s installation manual.

CAD Layouts must not be scaled unless expressly stated.

Site dimensions and conditions must be verified before installation.

Hydaheat is not responsible for errors caused by incorrect measurements, inaccurate drawings, missing information or changes made to the project after the layout was prepared.

The installer remains responsible for adapting the layout appropriately to actual site conditions.

Unless expressly included, our design work does not include:

a. a full building heat-loss assessment;
b. boiler or heat-pump sizing;
c. structural assessment;
d. assessment of the existing heating system;
e. screed or floor-finish design; or
f. confirmation that the proposed installation complies with every applicable requirement.

Technical Guidance

Technical guidance is provided in good faith using the information available to us.

Advice provided remotely cannot account for all site conditions or installation circumstances.

Technical guidance does not remove the responsibility of the Customer or installer to determine whether the Goods and installation method are appropriate.

The Customer must inform us of relevant circumstances, including:

a. unusual floor construction;
b. restricted floor height;
c. heat-pump use;
d. low-temperature systems;
e. mixed radiator and underfloor heating systems;
f. high heat-loss rooms;
g. unusual floor coverings;
h. commercial use;
i. existing-system restrictions; or
j. unusual electrical or plumbing requirements.

Hydaheat is not responsible for advice based on incomplete, inaccurate or misleading information supplied by the Customer or a third party.

Where necessary, the Customer should obtain advice from a qualified heating engineer, electrician, architect, structural engineer, flooring manufacturer, screed manufacturer or building-control professional.

Product Suitability

The Customer and installer are responsible for confirming that the Goods are suitable for the intended project before installation.

Suitability may depend on matters beyond Hydaheat’s control, including:

a. building heat loss;
b. insulation levels;
c. floor construction;
d. available floor depth;
e. heat-source temperature;
f. pump capacity;
g. existing pipework;
h. screed type and depth;
i. floor-covering thermal resistance;
j. electrical supply;
k. moisture levels; and
l. the quality of work completed by other contractors.

A quotation, materials list or CAD Layout does not guarantee a particular room temperature, heat output or energy saving unless this has been expressly confirmed in writing following a suitable assessment.

The Customer must check compatibility between the Goods and all screeds, levelling compounds, adhesives, floor coverings, primers and other materials used in the floor construction.

Installation by Others

Hydaheat does not install the Goods.

The Customer is responsible for appointing a competent installer with the necessary qualifications, skills and experience.

The installer is responsible for:

a. inspecting the Goods before installation;
b. confirming the correct products and quantities have been supplied;
c. checking product suitability;
d. verifying dimensions and site conditions;
e. following the manufacturer’s instructions;
f. complying with relevant legislation and Building Regulations;
g. making correct plumbing and electrical connections;
h. filling, flushing and pressure-testing the system;
i. electrically testing applicable products;
j. balancing and commissioning the system; and
k. retaining relevant test and commissioning records.

Electrical work must be completed by a suitably qualified person where required.

Goods that appear damaged, incorrect or unsuitable must not be installed. The Customer or installer must contact Hydaheat before proceeding.

The installer must test concealed components immediately before they are covered by screed, levelling compound, adhesive, flooring or another permanent finish.

Hydaheat is not responsible for:

a. installation workmanship;
b. site preparation;
c. plumbing or electrical work;
d. screeding or floor-finishing work;
e. incorrect commissioning;
f. installation damage;
g. failure to pressure-test or electrically test;
h. failure to follow manufacturer instructions; or
i. defects caused by incompatible materials or components.

Delivery

Delivery methods, estimated timescales and charges will be shown at checkout, stated in the quotation or confirmed separately.

Delivery dates and times are estimates unless we expressly agree in writing that a deadline is binding.

We will make reasonable efforts to meet estimated delivery times, but delays may occur because of carriers, manufacturers, traffic, severe weather, stock shortages or other circumstances outside our reasonable control.

Consumer orders placed at a distance should normally be delivered within 30 days unless a different period has been agreed.

The Customer should not book installers, screeders, floor layers or other contractors until all Goods have been delivered, inspected and checked.

Subject to rights and liabilities that cannot legally be excluded, Hydaheat is not responsible for contractor charges or project delays caused by work being booked before the Goods have been received and checked.

The Customer must provide:

a. a complete delivery address;
b. an accurate postcode;
c. a valid telephone number;
d. details of restricted access;
e. details of parking or timed-delivery restrictions; and
f. an authorised person to receive the delivery where required.

Deliveries may be made by parcel carrier, pallet network, manufacturer or another third-party delivery provider.

Pallet deliveries will normally be made to the kerbside and do not include moving Goods inside a building.

We may deliver an order in separate consignments.

Remote postcode areas, islands and restricted locations may incur additional charges and longer delivery periods.

If delivery fails because nobody is available, access is restricted or incorrect information has been supplied, reasonable redelivery and storage charges may apply.

Inspection, Shortages and Delivery Damage

The Customer must inspect Goods as soon as reasonably possible following delivery.

Where packaging is visibly damaged, this should be recorded with the carrier and photographed before the packaging is opened.

Please report missing, incorrect or visibly damaged Goods within 48 hours where reasonably possible.

The 48-hour reporting request assists us with carrier claims. It does not remove a Consumer’s statutory rights concerning faulty, damaged or misdescribed Goods.

The Customer should retain the Goods and packaging until we confirm how the matter will be handled.

We may request photographs, delivery labels, batch numbers, serial numbers, packaging and delivery paperwork.

Damaged or incorrect Goods must not be installed before we have had a reasonable opportunity to assess the issue.

Risk

For Consumers, risk passes when the Goods are delivered into the physical possession of the Consumer or another person nominated by them.

For Business Customers, risk passes when delivery is completed at the delivery address or the Goods are collected by the Business Customer or its appointed carrier.

Once risk has passed, the Customer is responsible for protecting the Goods from theft, weather, contamination, frost and physical damage.

Consumer Cancellation Rights

This section applies only to Consumers purchasing Goods at a distance, including through our website, by telephone or by email.

Subject to the exclusions below, a Consumer may cancel the Contract from the date it is formed until 14 days after the day on which the Goods are received.

Where an order is delivered in separate consignments, the cancellation period generally ends 14 days after receipt of the final consignment.

The Consumer does not need to give a reason for cancellation.

To cancel, the Consumer must provide Hydaheat with a clear statement by email or post.

Cancellation notices should be sent to:

Address: 21 Meeting Lane, Warrington, WA5 2QU

After notifying us of cancellation, the Consumer must return the Goods within a further 14 days.

Unless the Goods are faulty, incorrect or misdescribed, the Consumer is responsible for the direct cost of returning them.

The Consumer must take reasonable care of the Goods while they are in their possession.

We may make a deduction from the refund where the value of the Goods has been reduced by handling beyond what would reasonably be permitted when examining the Goods in a shop.

We will refund:

a. the price paid for the returned Goods; and
b. the cost of our least expensive standard delivery method.

Any additional cost resulting from the Consumer choosing an enhanced, timed or express delivery service will not be refunded beyond the cost of standard delivery.

We will normally make the refund within 14 days of receiving the returned Goods or satisfactory evidence that they have been sent back, whichever occurs first.

Refunds will normally be issued through the original payment method.

These time limits reflect current UK distance-selling rules.

Goods Excluded from Cancellation Rights

The statutory right to cancel may not apply to Goods made to the Consumer’s specifications or clearly personalised.

Depending on the circumstances, this may include:

a. pipe cut to a requested length;
b. Goods manufactured or modified to order;
c. custom-built control panels;
d. specially configured products; or
e. other Goods clearly personalised for the Customer.

Special-Order Goods are not automatically exempt from cancellation solely because Hydaheat does not normally stock them.

We will identify any applicable cancellation exemption before or when the order is placed.

These exclusions do not affect statutory rights where Goods are faulty, damaged, misdescribed or otherwise fail to conform to the Contract.

Voluntary Returns

Returns outside a Consumer’s statutory cancellation rights are subject to Hydaheat’s prior written approval.

The Customer must contact us before returning any Goods.

Goods accepted under a voluntary returns arrangement must normally be:

a. unused;
b. uninstalled;
c. complete;
d. in resalable condition;
e. in their original undamaged packaging; and
f. accompanied by all instructions, accessories and fittings.

Subject to statutory rights, we may refuse returns of:

a. cut pipe;
b. Bespoke Goods;
c. Special-Order Goods;
d. installed or partially installed products;
e. opened adhesives, primers, chemicals or levelling compounds;
f. damaged or incomplete Goods;
g. clearance products described as non-returnable; or
h. Goods that have been stored incorrectly.

Business Customers have no automatic cooling-off right.

Returns accepted from Business Customers may be subject to a reasonable restocking or administration charge agreed in advance.

Faulty or Misdescribed Goods

Goods supplied to Consumers must be of satisfactory quality, fit for a purpose made known to the seller where the legal requirements are met, and as described.

A manufacturer’s warranty is separate from and additional to a Consumer’s statutory rights.

If Goods are believed to be faulty, damaged, incorrect or misdescribed, the Customer should provide:

a. the order number;
b. proof of purchase;
c. product details;
d. a description of the issue;
e. photographs or video where appropriate; and
f. installation, test or commissioning information where relevant.

We may require a reasonable opportunity to inspect or test the Goods.

The Customer must not dispose of, alter or attempt to repair allegedly faulty Goods unless authorised by Hydaheat or the manufacturer.

Depending on the circumstances and applicable law, remedies may include repair, replacement, price reduction or refund.

Nothing in these Terms limits statutory rights that cannot lawfully be excluded.

Businesses cannot use terms that remove responsibility for faulty or misdescribed Goods supplied to consumers.

Manufacturer Warranties

Selected Goods are supplied with manufacturer-backed warranties.

Please refer to our “Manufacturer Warranty Information” page for current warranty periods for Hydaheat’s core products.

Manufacturer warranties are subject to the relevant manufacturer’s terms, exclusions and claims procedures.

Warranty cover will normally relate to manufacturing or material defects.

Manufacturer warranties will not normally cover:

a. incorrect installation;
b. installation damage;
c. accidental damage;
d. misuse or neglect;
e. frost damage;
f. poor system water quality;
g. incompatible components;
h. unauthorised modification or repair;
i. failure to follow installation instructions;
j. failure to maintain the product where required; or
k. normal wear and tear.

Proof of purchase and installation, test or commissioning records may be required.

The Customer must contact Hydaheat before removing or replacing a product believed to be faulty.

Full details are available on our separate Manufacturer Warranty Information page.

Warranty Claims and Testing

Hydaheat will provide reasonable assistance with manufacturer warranty claims for Goods purchased from us.

We may request photographs, videos, serial numbers, batch numbers, wiring details, temperature readings, pressure-test records or other relevant evidence.

The Customer must follow any return or testing procedure requested by Hydaheat or the manufacturer.

A product is not necessarily faulty because it does not operate correctly within an incorrectly installed, configured, wired or commissioned system.

Where testing confirms that the product is not defective and the issue was caused by installation, configuration, misuse or another component, reasonable testing or carriage costs may be payable where legally permitted and agreed in advance.

Hydaheat does not authorise or accept liability for third-party labour, removal, refitting, screeding, flooring or remedial costs unless expressly agreed in writing before those costs are incurred.

Nothing in this section removes any remedy that a Consumer is legally entitled to receive.

Screeds, Floor Finishes and Third-Party Materials

The Customer and installer must verify compatibility between the underfloor heating system and all materials used with it.

This includes:

a. screeds;
b. levelling compounds;
c. primers;
d. tile adhesives;
e. timber flooring;
f. laminate;
g. vinyl;
h. carpet and underlay;
i. stone;
j. insulation; and
k. other floor-system materials.

The relevant manufacturers’ requirements relating to preparation, depth, reinforcement, expansion joints, drying time, moisture testing, commissioning and heat-up procedures must be followed.

The heating system must not be switched on earlier than permitted by the relevant screed, adhesive, levelling-compound or flooring manufacturer.

Hydaheat is not responsible for cracking, debonding, lifting, moisture damage, discolouration or floor failure caused by unsuitable materials, poor preparation, incorrect installation or failure to follow manufacturer instructions.

Limitation of Liability

Nothing in these Terms excludes or restricts liability where it would be unlawful to do so, including liability for:

a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. statutory Consumer rights that cannot lawfully be excluded; or
d. any other liability that cannot legally be limited.

For Consumers, Hydaheat is responsible for losses that are a foreseeable result of our breach of the Contract or failure to use reasonable care.

We are not responsible for losses resulting from inaccurate information, incorrect installation, unsuitable site conditions or acts and omissions of the Customer or another contractor.

We supply Goods to Consumers for domestic and private use. Hydaheat is not responsible for business losses arising where a Consumer uses the Goods for commercial purposes.

Subject to clause 26.1, for Business Customers:

a. our total liability arising from the Contract will not exceed the price paid for the Goods giving rise to the claim;
b. we will not be liable for indirect or consequential loss;
c. we will not be liable for loss of profit, revenue, production, contracts, opportunity or anticipated savings; and
d. we will not be liable for business interruption or contractor downtime.

Subject to rights that cannot legally be excluded, Hydaheat is not responsible for costs arising from:

a. incorrect installation;
b. poor workmanship;
c. failure to inspect Goods before installation;
d. failure to test Goods before concealment;
e. inaccurate plans or measurements;
f. incompatible third-party products;
g. unsuitable site conditions;
h. failure to follow manufacturer instructions;
i. unauthorised repairs or alterations; or
j. changes to the project after the Goods were ordered.

Nothing in this section is intended to make a Consumer responsible for costs that applicable law requires Hydaheat to bear.

Consumer terms must be fair and transparent, and terms attempting to remove mandatory responsibility for faulty Goods are not enforceable.

Events Outside Our Reasonable Control

We are not responsible for delay or failure caused by events beyond our reasonable control.

These may include:

a. severe weather;
b. flood or fire;
c. transport disruption;
d. carrier failure;
e. industrial action;
f. power or communication failure;
g. manufacturer or supplier failure;
h. material shortages;
i. customs or import delays;
j. government restrictions;
k. public-health emergencies;
l. war, terrorism or civil disorder; or
m. failure of systems outside our control.

We will take reasonable steps to reduce the effect of the event and will contact the Customer where it materially affects the order.

Statutory rights relating to materially delayed or undelivered Goods remain unaffected.

Product Recalls and Safety Notices

The Customer must follow any safety notice, recall or corrective instruction issued by Hydaheat or the manufacturer.

The Customer should retain proof of purchase, serial numbers and batch information where available.

Goods must not continue to be used where Hydaheat or the manufacturer has advised that use should stop.

Intellectual Property

All intellectual-property rights in our:

a. website content;
b. branding and logos;
c. written descriptions;
d. photographs and graphics;
e. CAD Layouts;
f. quotations;
g. technical documents; and
h. downloadable materials

remain owned by or licensed to Hydaheat.

CAD Layouts and technical documents may only be used for the project for which they were supplied.

Our materials must not be copied, republished, sold or commercially distributed without prior written permission.

Data Protection

We process personal information in accordance with our Privacy Policy.

Information may be shared with payment providers, carriers, manufacturers and service providers where reasonably necessary to process an order, deliver Goods, prevent fraud or handle a warranty claim.

Further information is available in our separate Privacy Policy and Cookie Policy.

Complaints

We aim to resolve complaints promptly and fairly.

Complaints should be sent to:

Address: 21 Meeting Lane, Warrington, WA5 2QU
Telephone: 01925 500484

Please provide your name, order number, contact details and a clear description of the issue.

We will attempt to resolve disputes through good-faith discussion before court proceedings are considered.

Transfer of the Contract

Hydaheat may transfer its rights or obligations under the Contract to another organisation provided this does not reduce a Consumer’s rights.

The Customer may not transfer their rights or obligations without our prior written consent, except where applicable law provides otherwise.

Third-Party Rights

The Contract is between Hydaheat and the Customer.

No other person has a right to enforce its terms unless expressly stated.

Severability

If any provision is found to be invalid, unlawful or unenforceable, it will be treated as removed or modified only to the minimum extent necessary.

The remaining provisions will continue in effect.

Waiver

A delay in enforcing a right does not mean that the right has been waived.

A waiver applies only where it is confirmed in writing.

Entire Agreement

These Terms, together with the quotation, order confirmation and any expressly incorporated documents, form the agreement concerning the order.

Business Customers acknowledge that they have not relied on any representation not recorded in the Contract.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

Changes to These Terms

We may update these Terms from time to time.

The Terms applying to an order will be those in force when the order is placed.

Updated Terms will not retrospectively alter an existing accepted Contract unless required by law or agreed by both parties.

Governing Law and Jurisdiction

These Terms and each Contract are governed by the law of England and Wales.

Consumers retain any mandatory legal protections applying in the part of the United Kingdom in which they live.

A Consumer may bring proceedings in any court entitled to hear the claim under applicable law.

Business Customers agree that the courts of England and Wales will have exclusive jurisdiction.