GENERAL TERMS AND CONDITIONS OF SALE
Italfire fireplaces must be installed in accordance with EU and manufacturers regulations of installation as stipulated in the installation manual. Failure to comply with this regulation will negate the manufacturer’s warranty (and potentially result in a safety hazard). Italfire recommends that installations are only carried out by authorized (Italfire approved) installers who have completed the necessary technical training and are Italfire certified. The installation components and labour fee quoted on the estimate are based on a (height specific) standard flue run without any deviations/obstructions. Should there be any unforeseen changes, adverse weather or location conditions and/or any other circumstances which may lead to amendments to the labour fee and/or component requirement for the installation (e.g. obstruction inside the internal cavity which only becomes evident once the cavity/roof is opened), the client will be advised accordingly and requoted if necessary. In the event that the flue pipe is unable to run the entire length of the chimney cavity (which can sometimes be the case in a retrofit scenario and may only become evident once installation has commenced) –the client will be notified as such and advised to have the internal cavity modified (at client cost) in order to continue with the flue run to the top of the cavity as required by the Italfire/EU principles of installation. Should the client opt not to modify the cavity and take the flue up as far as the internal cavity allows, the performance of the draw cannot be guaranteed (and the ability to properly apply chimney sweeping for the required periodic maintenance may also be effected).
ELECTRICAL / GAS & BUILDING WORKS
Should the appliance to be installed require an electrical connection, the client is to ensure there is a point available within 1m of the appliance. Any electrical work required to make such provisions is not covered by Italfire and will need to be provided for by the clients own nominated electrician. Basic building work is finished to plaster –painting is not included, unless specified and quoted for. Any custom/specialized building work required will be quoted for separately (if within scope and proficiency of our installation team)
All Gas fireplaces, firepits and braais need to be installed by a certified Gas installer.
DUCTING & PIPES
In the case where ducting is to be installed, the relevant responsible person/person in charge on site is to confirm final positions of the pipe and vents with the installer. It is thus the client/project manager’s responsibility to ensure that the correct positioning of these components is communicated to the relevant responsible person on site. Flexible air-ducting is malleable and can be bend out of shape/damaged in the event of exposure to excess pressure and/or the elements (e.g. if stepped on after it has been laid in position /water has entered into the pipework due to exposure). It is thus the site manager’s responsibility to ensure that the duct pipe is not damaged/exposed to the elements and properly protected on site after placed in final position. Italfire will not be held liable for any damages/replacement parts/additional parts/building costs required should any damage occur thereafter the pipes have been supplied and fitted and/or changes be made to the pipe run and/or position of the air vents. In the event where we must break through a slab/wall, the client/relevant responsible person on site will need to instruct our installer where to break through –Italfire will not be held liable should any damage occur to any pipework/electrical/plumbing and/or any other conduit that may be running within the wall/floor.
WARRANTIES
Workmanship carries a 1 year warranty
Waterproofing carries a 1 year limited warranty
Limitation of Liability for Subsequent Roof Leaks Due to Flue Installation
Italfire is not liable for any potential leaks or damages that may occur to the roof structure following the installation of a flue.
The following terms outline the scope of liability and the responsibilities of the parties involved:
- Scope of Work: The Company has conducted the installation of a flue system at the installation address as per the agreed-upon contract and technical specifications. All work has been performed following industry standards and best practices.
- Disclaimer of Liability: The Company disclaims any liability for subsequent roof leaks, water damage, or related issues that may arise after the installation of the flue system. The installation process involves modifying existing roof structures and sealing elements; however, the Company cannot guarantee that no future leaks will occur.
- Maintenance and Inspection: It is the responsibility of the property owner to ensure regular maintenance and inspection of the roof. Any issues related to roof integrity or potential leaks should be addressed promptly to avoid exacerbation of problems.
- Limitation of Liability: In no event shall the Company be liable for any consequential, incidental, or special damages arising from or related to roof leaks or other issues that may occur after the installation of the flue system.
- Acknowledgment: By accepting the work performed and the terms outlined herein, the property owner acknowledges understanding of the potential risks and accepts the limitations of liability as described.
INSTALLATION DATE
An installation date cannot be confirmed unless payment terms are met, and all items are readily available in stock. If any item required for the installation is not readily available in stock, an indication of when the installation can take place will be given to the client. Final confirmation can only be given when all items required for the installation are readily available and payment terms met. Should the client opt to appoint their own installer, the installer appointed accepts the full liability to ensure that the installation is carried out as required by Italfire/manufacturer and completed to acceptable EU/Italfire standards of installation.
OWNER OR THIRD PARTY INSTALLER
Should any installation/building work be completed by a third party (other than an approved Italfire installer), it is that parties responsibility to attend site meetings and/or be present at the time of installation to ensure that they are correctly informed on the relevant rules and regulations of installation and required building parameters (pertaining to the specific product/s to be installed). If a third-party builder/installer is unsure of any of the rules and regulations of building/installing pertaining to any of the Italfire products –it is their responsibility to seek consultation with Italfire and enquire as to the correct installation/building method as required by Italfire.
Italfire will not be held liable for any damages/costs incurred due to incorrect installation/building work by any third-party installer/builder.
USER MANUAL
A user manual is supplied with the fireplace. The user manual contains vital information regarding the correct usage of the appliance and general maintenance/cleaning procedures. Incorrect usage (e.g.: overloading of firewood/using wet wood) and lack of general maintenance (e.g.: cleaning of glass/ashes) can result in reduced performance and cause subsequent damage to the appliance and/or flue system resulting in a safety hazard. Any damage because of incorrect usage and or lack of general maintenance is not covered by the manufacturer’s warranty. It is thus the client’s responsibility to ensure that the appliance is used and maintained correctly.
PAYMENT TERMS
100% payment required upfront on fireplace and all components required for installation.
Installation fee/any outstanding monies are due once installation has been completed.
Balance of payment may not be withheld for any reason whatsoever after completion of installation.
Client also acknowledges that product performance can be affected by unforeseen variable factors (for example local climatic conditions) and any adverse performance that may arise as a result, may not be used as a reason to withhold balance of payment.
Ownership of the goods remains vested in Italfire until such time as the full purchase prices has been paid, we reserve the right to remove all goods supplied if any of our terms and conditions are breached.
Product warranty is subject to receipt of final payment/client account settled in full and will only be activated if client account is settled in full and there are no outstanding monies due.
SPECIAL ORDERS FOR NON-STOCK ITEMS / ONCE OFF IMPORTS
Special order confirmation form must be completed and signed by client.
50% deposit is required on order confirmation with the balance due on shipment arrival.
Although the import period is estimated at 8-12 weeks, Italfire cannot guarantee or commit to this or any shorter period due to the volatile and uncertain nature of the shipping industry and various other “Acts of God”.
The order and the product prices quoted are only deemed confirmed and irrevocable once the sales order is signed and deposit paid. Special order products may not be returned or exchanged.
RETURNS
It remains our discretion to accept the return of correctly supplied and non-defective goods. If accepted a handling fee will apply to all returns. Goods NOT collected within 1 month of invoice date, will incur storage fee per pallet for the space being occupied.
INDEMNITY
The client hereby undertakes to indemnify Italfire Heating Solutions (“the Supplier’’) against any claims for harm /damage (including any loss or damage that may be incurred / sustained due to circumstances such as theft) that may result due to reasons beyond the reasonable control or unintentional act of any person, whether or not in the employ or in his/her representative capacity of the Supplier. This will include any economic loss pertaining to such harm/damage caused due to circumstances beyond the reasonable control of the Supplier.
VARIATION
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
DISCLAIMER
While The Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Supplier makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections, and/or improvements to the information and to the products and programs described in such information, at any time without notice.
The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you.
Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
