SYNAGIA THERMODYNAMICS – TERMS & CONDITIONS OF SALE

These Terms & Conditions apply to all sales contracted by Synagia Thermodynamics Limited

The Customer – is the person, persons, organisation, Company or such other private legal entity as may be able to enter into a Contract for the purchase of energy related systems from Synagia Thermodynamics Limited.

The Seller – is Synagia Thermodynamics Limited which on this document is referred to as Synagia

1. Acceptance of these Terms and Conditions – The Customer’s acceptance of these Terms & Conditions without any alteration shall be by signing this Sales Order Form

2. Price – Synagia’s prices and calculations are set out on the front of this Sales Order Form and include and refer to all costs, charges, VAT and other taxes applicable.

3. Payment Terms – unless otherwise specified, the payment terms are 20% Deposit on the signing of Sales Order Form; 20% upon completion of the technical Survey and final balance of 60% on the day that the system is commissioned and set to work

Deposits

  • The Customer shall pay a deposit on signing of the Sales Order Form – this payment may be by Bank Transfer / Debit Card / Credit Card / Cash/ Cheques to be made out to Synagia Thermodynamics. A receipt will be made on this Sales Order Form
  • Please note that this Sales Order is not a formal mutually committing Sales Order until the Deposit as paid is usable funds in the Bank account of Synagia

Interim / 2nd Payment upon Survey

  • The Customer agrees to make an Interim or 2nd Payment prior to Installation, and this is payable by the Customer upon Survey to the Synagia Surveyor or by phone to the office on the day of survey.

Final Balance  

  • Upon the day of commissioning and the new system being set to work, the Final Balance Payment shall be given to the Synagia Installation team once the system is commissioned and set to work, Payment can also be made over the phone with the office.

Assurances of Payment

  • Synagia, at its discretion, may require reasonable advance assurances of payment, and this will be discussed and agreed with the Customer prior to the Installation date

Unpaid Invoices and overdue payments

  • All unpaid invoices and overdue payments shall bear interest at an amount equal to 5% per month of the outstanding balance commencing on the date that payment was
  • The Customer’s failure to make timely payments may result in commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of or quarantined of under paid delivered goods and systems.
  • Synagia shall have no continuing obligation to deliver or install products or systems whilst outstanding payments or unpaid invoices remain outstanding.

4. Responsibility, Ownership, and Title to the Products Purchased by the Customer

  • Responsibility – all goods, materials, equipment and fixtures and fittings delivered to site whether installed and working or not are the responsibility of the Customer in terms of safeguarding, protecting, insuring and retaining on site in good order as intended.
  • Ownership – all goods, materials, equipment and fixtures and fittings delivered to site whether installed and working or not remain the ownership of Synagia until paid for in full as defined by the Sales Order Form and any signed amendments
  • Title -all goods, materials, equipment and fixtures and fittings delivered to site whether installed and working or not remain the unencumbered property of Synagia until paid for in full as defined by the Sales Order Form and any signed amendments

5. 14-day “cooling-off” period for domestic customers

  • When a Sales Order Form has been completed and has been signed and dated by both the Customer and Synagia, and the relevant deposit has been paid, domestic Customers will have a period of 14 days from the date of signing the Sales Order Form to withdraw from the transaction at which time any deposit paid by the Customer shall be refunded 100% by Synagia to the Customer, less any credit card or other such financial charges.
  • To withdraw, the Customer must inform Synagia in writing, which may take the form of a letter, or e-mail to energy@synagia.com Either way must demonstrate that the withdrawal was initiated within the 14-day period. If the Customer withdraws by telephone call, they must speak to the Sales Office Manager, and follow up with a written confirmation
  • If the Customer does not exercise their right to withdraw from the purchase within the 14-day cooling-off period, any subsequent withdrawal shall be null, and void and the deposit paid by the Customer at the time that they signed the Sales Order Form may be retained by Synagia.
  • The Customer, by signing the Sales Order Form and agreeing to the Terms & Conditions, hereby agrees and accepts that the deposit payable is not refundable if a decision is made by the Customer to withdraw from the transaction, or if a domestic cuatomer after the expiration of the 14-day cooling off period
  • Refund of Deposit back to the Customer will be paid by Bank Transfer to the Customer’s bank account or cheque only and will be less any finance charge if a credit card or similar has been used.

6. Installation Timescales

  • If timescales have been agreed at the time of the signing of the Sales Order Form, and they affect the cost of installation, and are delayed or altered by the Customer and there is a cost to Synagia, Synagia reserves the right to pass on those costs.

7. License to use Software programme and Synagia intellectual Property (IP)

  • If the installation incorporates electronics such as the multi-room controller and/or other propriety software or programming, Synagia hereby grants the Customer Licence to use such software and IP during such times as all invoices are paid, and there are no outstanding payments due. If invoices remain unpaid, Synagia will grant a Licence extension for 2 months from the overdue date, after when the Licence to use the software and IP lapses until all outstanding monies are paid up to date.

Warranties

  • 10-year manufacturer’s warranty on Synagia cylinders
  • 10-year on the Thermodynamic Panels
  • 10-year on the Heat Pump
  • 5-years on labour and sundry pipes, fixtures and fittings

8. Exclusions

    • Synagia shall have no liability for any damage to the Goods arising from the use of non-proprietary inhibiter, electrolysis, lime, iron or other mineral content in the
  • As a part of the installation works associated with this Sales Order, Synagia may be connecting with/into/onto existing services at your property. Whilst Synagia shall take all reasonable steps to not disturb the existing services, issues may arise post installation with existing services that were not directly associated with the works carried out by Synagia. Synagia shall only be responsible for any issues that occur on new services installed, and the direct connections with existing services
  • Any consequential loss as a result of faulty materials, products or workmanship

9. Product development, reliability and evolution – Synagia has a continual product development program to optimise the value to Customers and increase the potential savings whilst maintaining performance standards, longevity and minimal maintenance. When product and system upgrades are released, these will be incorporated into the appropriate Customer’s systems, and this may be after Deposit payment and before Installation, or post-installation through site visits. Any such site visits will be programmed with the Customer and will be made at no cost to the Customer.

10. Changed Specification upon Survey – Following the signing of this Sales Order, if appropriate, Synagia may send a Surveyor to the site prior to Installation to detail the materials needed. Should there be a change required to the specification that alters the cost to the Customer, the Customer will be consulted and if there is any additional cost, the Customer has the right to cancel the order and receive back their Deposit in full.

11. Potential energy and cost savings – Synagia energy and cost savings claims for its products and systems are made in good faith, are realistic, and field proven; and these are checked against the Government published expected savings. Generally, the Synagia products produce greater savings due to their unique design and development over the years. However, the savings claimed are probable averages and, in most cases, Customers will enjoy savings greater than those claimed by Synagia, but the individual savings per dwelling or property will vary because of the many factors (internal and external) that can influence savings, and these are outside of the control of Synagia.

12. Sale of Goods Act – If the customer is a consumer as defined by the Sale of Goods and Supply of Services Act 1980 the product sold is subject to any conditions or warranties implied by the Sale of Goods Act 1893 and 1980. Synagia hereby acknowledges that nothing in this agreement shall alter or limit any statutory rights that the Customer has, and the Sale of Goods and Supply of Services Act 1980 applies to such transactions between the Customer and Synagia. Should any part of the Synagia contract with the Customer be in conflict with the Sale of Goods Acts, the remainder of the contract shall hold good.

13. Arbitration – In the event of a dispute between the Customer and Synagia, howsoever arising, and it cannot be resolved, any such dispute shall be referred to arbitration pursuant to the provisions of the Arbitration Act 2008 or any statutory modification thereof. An award in such arbitration shall be a condition precedent to any legal proceedings in any Court against Synagia in respect of such dispute or difference.

14.  Grants and Incentives – All grant and Incentive figures quoted by Synagia are given as an indication only.  Synagia cannot apply directly for any grants and incentives and is not responsible for any amounts not received. While Synagia utilises its best endeavours to be as accurate as possible with the amounts at the date of Sales Order, all grants and incentive figures are subject to change at any time and at discretion of the issuing body or company offering the grant or incentive.

15. Data Protection – Synagia complies with the terms of the Data Protection Act 1997 and 2003 and GDPR 2017. Any personal information collected by Synagia including the customer’s name, address, telephone number and other details furnished by the customer shall not be disclosed by Synagia  to any third party without the consent of the customer unless required to do so by law, search warrant, subpoena, Court Order or in the interests of protection of intellectual property rights or at any other such time as Synagia acting in good faith may deem appropriate.

SYNAGIA Form 003 Sales Order T & Cs V 14