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BACKGROUND:
These Terms and Conditions are the standard terms for the sale of goods by iHelios Limited, a Private Limited
Company, registered in England under number 12010839 and who’s registered, and trading address is The Old Brass
Foundry, Marlborough Terrace, Hull HU2 9AE.
1. Definitions and Interpretation.
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have
the following meanings:
“Business Day” – means any day other than Saturday or Sunday or bank holiday;
“Calendar Day” – means any day of the year;
“Chosen Carrier” – means Shipley Limited or other suitable carrier, whom we shall use to dispatch the
goods to you;
“Contract” – means the contract for the purchase and sale of goods, as explained in Clause 3;
“Goods” – means the goods which are to be supplied by us to you as specified in your order (and
confirmed in our Order Confirmation);
“Month” – means a calendar month;
“Order” – means your order for the goods, made and confirmed by email;
“Order Confirmation” – means our acceptance and confirmation of your order as described in Clause 3;
“Pre-Contract Information” – means information about, iHelios Limited, the goods, pricing, and your
legal rights that we are required to provide under the Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013, some of which will be provided by your iHelios Living
specialist and all of which will be made available to you via email;
“Premium Delivery” – means our premium delivery option(s), available for an additional charge over
Standard Delivery as set out in sub-Clause 6.6.2;
“Price” – means the price payable for the goods;
“Returns Address” – means; iHelios Limited, The Old Brass Foundry, Hull, HU2 9AE;
“Special Price” – means a special offer price payable for the goods;
“Standard Delivery” – means our standard delivery method, by Shipley Limited; and
“We/Us/Our” – means iHelios Limited, a Private Limited Company registered in England, number
12010839 and whose trading and registered address is The Old Brass Foundry, Marlborough Terrace,
Hull, HU2 9AW.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic
communications whether sent by email, text message, fax, or other means.
2. Information About Us.
2.1 iHelios Limited, a Private Limited Company registered in England, number 12010839 and whose trading
and registered address is The Old Brass Foundry, Marlborough Terrace, Hull, HU2 9AW.
2.2 Our VAT number is 341828303
2.3 Our ICO registration number is ZA792770
2.4 2.4 Our Smart Homes & Buildings Association (SHBA) number
2.5 2.5 UKCA Declaration of Conformity number 768/2008/EC
3. The Contract.
3.1 These Terms and Conditions govern the sale of goods by us and will form the basis of the Contract with
you. Before accepting your quotation, you must read these Terms and Conditions carefully. If you have
any questions regarding either these Terms and Conditions or our products, please contact us to prior to
placing your order.2010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace,
Hull HU2 9AE.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
3.2 Nothing provided by us including, but not limited to, information given over the telephone, sales and
marketing literature, price lists and other information, constitutes a contractual offer capable of
acceptance.
3.3 On receipt of your acceptance of our quotation we shall raise an invoice for the agreed goods or services
listed in your quotation, and on your receipt or this invoice, this will constitute a legally binding Contract
between us.
4. Description and Specification of Goods.
4.1 We have made every reasonable effort to ensure that the goods conform to illustrations, photographs
and descriptions provided in our sales and marketing literature and descriptions provided by Customer
Service Team. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will
be precisely accurate due to discrepancies that may arise during the printing process or differences in the
colour reproduction of electronic displays.
4.2 We are required by law to supply goods that conform to the Contract. If you receive any goods that do not
conform to the Contract, please refer to Clause 8.
4.3 If we find, or are made aware of, any typographical, clerical, or other accidental errors or omissions in any
verbal descriptions, sales and marketing literature, price lists or any other information we will make every
reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, because of any
such error or omission, you have received the wrong goods, you may return the goods to us as provided in
Clause 8. If because of any such error or omission, you have paid too much, we will refund the excess paid
for the goods.
4.4 We reserve the right to make any changes in the specification of the goods that may be required to
conform to any applicable safety or other legal or regulatory requirements without notice.
5. Orders.
5.1 All orders for goods made by you will be subject to these Terms and Conditions.
5.2 You may change your order at any time before we dispatch the goods by contacting us. Requests to
change orders do not need to be made in writing.
5.3 If your order is changed, we will inform you of any change to the price when you contact us and will
confirm the change in writing.
5.4 If you change your mind, you may cancel your order at any time before we dispatch the goods by
contacting us. Please refer to Clause 9 for details of your cancellation rights.
5.5 We may cancel your order at any time before we dispatch the goods in the following circumstances:
5.5.1 The goods are no longer in stock, and we are unable to re-stock (if, for example, the goods are
discontinued); or
5.5.2 An event outside of our control continues for more than 3 months (please see Clause 11 for events
outside of our control).
5.6 If we cancel your Order under sub-Clause 5.5 and you have already paid for the goods, the payment will be
refunded to you within 7 calendar days. If we cancel your order, you will be informed, and the cancellation
will be confirmed by email.
6. Price and Payment.
6.1 The price of the goods will be that given by our Customer Service Team at the time of your order.
6.2 If we offer a Special Price, the Special Price will be valid for 7 days or, if the Special Price is part of
an advertised special offer, for the period shown in the advertisement. If the Special Price requires a
promotion or voucher code and you are unable to provide a valid promotion or voucher code when making
your order, the Special Price will not be available to you. Orders placed during the validity period of a
Special Price will be accepted at the Special Price even if we do not accept your order until after the period
has expired. Foundry, Marlborough Terrace, Hull HU2 9AE.
6.3 Our Prices may change at any time, but these changes will not affect any orders that we have already
accepted.
6.4 We have made every reasonable effort to ensure that our prices are correct. Prices will be checked when
we process your order.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
6.5 All prices exclude VAT. If the rate of VAT changes between the date of your order and the date of your
payment, we will adjust the rate of VAT that you pay. Changes in VAT will not affect any prices where we
have already received payment from you.
6.6 Our prices do not include the cost of delivery. We normally offer Standard delivery, however, please note
that your choices may be limited for certain goods owing to the nature or characteristics of those goods.
The cost of your chosen delivery method will be added on to the final sum due, and we will notify you of the
cost of delivery in your quotation:
6.6.1 Standard Delivery.
6.6.2 Premium Delivery.
6.7 All payments for goods must be made in advance before we can dispatch the goods to you.
6.8 We accept the following methods of payment:
6.8.1 Visa Debit Card
6.8.2 Mastercard Debit Card
6.8.3 Electronic Bank Transfer
6.8.4 PayPal
We add a 1.95% surcharge for the use of credit cards.
7. Delivery.
7.1 Please note that delivery is only possible within the United Kingdom.
7.2 When we send you an Order Confirmation, we will provide, along with a confirmation of the Pre-Contract
Information, an estimated delivery date. Please note that estimated delivery dates may vary according to
the availability of goods and your location. In any event, subject to any circumstances beyond our control,
and subject to any longer period to which you agree when placing your order (for goods that we stock only
on demand, for example), goods will be delivered to you no more than 30 Calendar Days after the date
that the Contract is formed (see sub-Clause 3.3).
7.3 If you indicate when placing your order that you wish to collect the goods from us yourself you may do so
after receiving our Order Confirmation, during our business hours of 9am – 5pm Monday to Friday.
7.4 Delivery will be deemed to have taken place when the goods have been received by you (or another person
identified by you) at your chosen delivery address or, if you are collecting the goods from us yourself, when
you have collected the goods.
7.5 If for any reason our chosen carrier is unable to deliver the goods at your chosen delivery address, the
chosen carrier will leave a note informing you that the goods have been returned to the chosen carriers
Distribution Centre, requesting that you contact them to arrange re-delivery.
7.6 The responsibility (sometimes referred to as the “risk”) for the goods remains with us until delivery is
complete as defined in sub-Clause 7.4 at which point it will pass to you.
7.7 You own the goods once we have received payment in full for them.
8. Faulty, Damaged or Incorrect Goods.
8.1 By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of
purchase, in accordance with any pre-contract information we have provided, and that match any samples
or models that you have seen or examined (unless we have made you aware of any differences). If any
digital content is included in the goods, that digital content must also conform. If any goods you have
purchased do not comply and, for example, have faults or are damaged when you receive them, or if you
receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage
or error, and to arrange for a refund, repair or replacement.
8.2 Beginning on the day that you receive the goods (and ownership of them) you have a 30 Calendar Day
right to reject them and to receive a full refund if they do not conform as stated above. If you do not wish
to reject the goods, or if the 30 Calendar Day period has expired, you may request that the goods are
repaired or replaced. Within the first six months after you have received the goods, you are entitled to a
repair or replacement unless we can prove that the defect was not present at the time you bought the
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
goods. After the first six months, you must prove to us that the defect was present at the time of purchase
in order to qualify for a repair or replacement.
8.3 After the first six months, you must prove to us that the defect was present at the time of purchase in order
to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or
replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair
or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (i.e. a
replacement instead of a repair or vice versa) or a full refund.
a) If you request a repair or replacement during the first 30 Calendar Day period, that period will be
suspended while we carry out the repair or replacement and will resume on the day that you receive
the replacement or repaired goods. If less than 7 Calendar Days remain out of the original period, it will
be extended to 7 Calendar Days.
b) If, after a repair or replacement, the goods still do not conform (or if we cannot repair or replace
them, as described above, or have failed to act within a reasonable time and/or without causing you
significant inconvenience), you may have the right either to keep the goods at a reduced price.
c) If you exercise this final right to reject the goods more than six months after you receive them (and
ownership of them), we may reduce any refund to reflect the use you have had out of the goods.
d) Within a period of six months after you receive the goods (and ownership of them), if the goods do not
last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund.
Please remember that after six months have passed since you received the goods, the burden of proof
will be on you to prove that the defect or non-conformity existed at the time of delivery.
8.4 Please note that you will not be eligible to claim under this Clause 8 if we informed you of any faults,
damage or other problems with the goods before your purchase of them; if you have purchased the goods
for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from
your use of the goods for that purpose; or if the problem is the result of normal wear and tear, misuse or
intentional or careless damage. Please also note that you may not return goods to us under this Clause 8
merely because you have changed your mind. If you are a consumer, you have a statutory right to a 14-day
cooling off period within which you can return goods for this reason. Please refer to Clause 9 for more
details.
8.5 To return goods to us for any reason under this Clause 8, you may do so in person during our business
hours, or you may return them by post or another suitable delivery choice to our Address. You may
alternatively request that we collect the goods from you. Please ensure that the goods are ready for
collection at the agreed time and location. We are solely responsible for collecting the goods in this case;
however, we may appoint a third party carrier to collect them in which case we will provide you with all
relevant details.] We will be fully responsible for the costs of returning goods under this Clause 8 and will
reimburse you where appropriate.
8.6 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14
Calendar Days of the day on which we agree that you are entitled to the refund.
8.7 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the goods
were originally purchased.
8.8 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau
or Trading Standards Office.
9. Your Right to Cancel If You Change Your Mind.
9.1 As a consumer you have a statutory right to cancel your Contract with us up to 14 Calendar Days after the
goods come into your physical possession (i.e. you or another person identified by you taking delivery of
the goods under sub-Clause 7.4). You may cancel your Contract and return the goods to us for any reason
under this right. If you wish to cancel your order before receiving our Order Confirmation or if you wish to
cancel the Contract after receiving the Order Confirmation but before we have dispatched the goods, sub
Clauses 9.2, 9.3, 9.8.4 and 9.10 will apply.
9.2 If you wish to exercise your right to cancel under this Clause 9, you must inform us of your decision. You
may do so in any way that is convenient to you. Please ensure that you inform us of your decision to cancel
before the period in sub-Clause 9.1 expires. (Note that the cancellation period is defined as whole Calendar
Days. If, for example, you send us an email or a letter by 23:59 on the final day of the cancellation period,
your cancellation will be valid and accepted.) We provide a cancellation form that you may use if you wish
to inform us in writing.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
9.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve our
goods and services; however, you are under no obligation to provide any details if you do not wish to.
9.4 You must return the goods to us no more than 14 Calendar Days after the day on which you have informed
us that you wish to cancel under this Clause 9.
9.5 You may return goods to us in person during our business hours of or you may return them by post or
another suitable delivery service of your choice to our Returns Address. For goods returned under this
Clause 9 we will reimburse you for reasonable postage or shipping costs
9.6 You may request that we collect the goods from you. Please ensure that the goods are ready for collection
at the agreed time and location. We are solely responsible for collecting the goods under this Clause 9 (We
may use our Chosen Carrier for collections under this Clause 9.
9.7 Refunds under this Clause 9 will be issued to you within 14 Calendar Days of the following:
9.7.1 The day on which we receive the goods back; or
9.7.2 The day on which you inform us (supplying evidence) that you have sent the goods back (if this is
earlier than the day under sub-Clause 8.8.1).
9.7.3 If we are collecting the goods under sub-Clause 9.7, the day on which you inform us that you wish
you cancel the Contract.
9.7.4 If we have not yet provided an Order Confirmation or have not yet dispatched the goods, the day on
which you inform us that you wish to cancel the Contract.
9.8 Refunds under this Clause 9 may be subject to deductions in the following circumstances:
9.8.1 Refunds may subject to deductions for any diminished value in the goods resulting from your
excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more
handling than is reasonably required to ascertain the nature and characteristics of the goods in
question (e.g., no more than would be permitted in a shop).
9.8.2 We will make no deductions for damage to delivery packaging (i.e., additional packaging into which
we have placed the goods in their original packaging such as bubble wrap and a brown box) but we
may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed
in a way that would make it difficult or impossible to reseal the packaging and resell the goods in
“new” condition).
9.8.3 Standard Delivery charges (see sub-Clause 6.6) will be reimbursed in full along with the price of
the goods, however we cannot reimburse any additional costs for Premium Delivery. If you chose
a Premium Delivery option when you ordered the goods, we will only reimburse the equivalent
Standard Delivery costs as part of your refund.
9.9 Refunds under this Clause 9 will be made using the same payment method you used when ordering the
goods unless you specifically request that we make a refund using a different method.
10. Our Liability.
10.1 We will be responsible for any foreseeable loss or damage that you may suffer because of our breach of
these Terms and Conditions or as a result of our negligence (including that of our employees). Loss or
damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated
by you and us when the Contract is created. We will not be responsible for any loss or damage that is not
foreseeable.
10.2 Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury
caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.
10.3 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more
details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure).
11.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results
from any cause that is beyond our reasonable control. Such causes include, but are not limited to power
failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties,
riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism
(threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war),
epidemic or other natural disaster, or any other event that is beyond our reasonable control.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect our performance of any
of our obligations under these Terms and Conditions:
11.2.1 We will inform you as soon as is reasonably possible.
11.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that we
are bound by will be extended accordingly.
11.2.3 We will inform you when the event outside of our control is over and provide details of any new
dates, times or availability of goods as necessary.
11.2.4 If the event outside of our control continues for more than 30 Calendar Days, we will cancel the
Contract and inform you of the cancellation. Any refunds due to you because of that cancellation will
be paid to you as soon as is reasonably possible.
11.2.5 If an event outside of our control occurs and you wish to cancel the Contract, you may do so. Any
refunds due to you because of such cancellation will be paid to you as soon as is reasonably possible.
12. Communication and Contact Details.
12.1 If you wish to contact us with general questions or complaints, you may contact us by telephone at 0800
6226878 or by email at info@ihelios.co.uk.
12.2 For orders, payments and delivery please contact us by telephone at 0800 6226878 or by email at info@
ihelios.co.uk.
12.3 In certain circumstances you may wish to contact us about specific issues:
12.3.1 To return non-compliant goods please use the contact details provided in Clause 8.
12.3.2 For cancellations under your right to a cooling off period please refer to Clause 9.
13. Complaints and Feedback.
13.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to
ensure that your experience as a customer is a positive one, we nevertheless want to hear from you if you
have any cause for complaint.
13.2 All complaints are handled in accordance with our complaints handling policy and procedure, available on
request by emailing info@ihelios.co.uk or writing to iHelios Complaints, The Old Foundry, Marlborough
Terrace, Hull, HU2 9AE.
13.3 If you wish to complain about any aspect of your dealings with us, please contact us in one of the following
ways:
13.3.1 In writing, addressed to The Old Brass Foundry, Marlborough Terrace, Hull, HU2 9AE.
13.3.2 By email, addressed to info@ihelios.co.uk.
13.3.3 By contacting us by telephone on 0800 6226878.
14. How We Use Your Personal Information (Data Protection).
14.1 We will only use your personal information as set out in our Privacy Policy document which can be found on
our website at www.ihelios.co.uk.
15. Other Important Terms.
15.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the
Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this
occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be
affected and our obligations under these Terms and Conditions will be transferred to the third party who
will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under
the Contract, as applicable) without our express written permission.
15.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way
and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
15.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise
unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the
remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and
enforceable.
15.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we
have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions
means that we will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction.
16.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual
or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those
provisions.
16.3 Any dispute, controversy, proceedings or claim between you and us relating to these Terms and
Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall
be subject to the jurisdiction of the courts of England and Wales as determined by your residency.
17. Seller’s Warranty.
Product Warranty
17.1 iHelios Limited warrants its Infrared heating film range for a period of 15 years and all other ancillary or
associated products for a period of 2 years from the date they have been installed and commissioned,
that the hardware will be free from material defects and will perform substantially in accordance with
applicable specifications identified in the user manual, and in accordance with current industry standards.
17.2 This warranty does not extend to any product that has been (a) is modified or altered, (b) not maintained
to their maintenance recommendations, (c) operated in a manner other than that specified by iHelios
Limited, (d) has its serial number removed or altered or (e) is treated with abuse, negligence, or other
improper treatment (including, without limitation, use outside the recommended environment).
18. Remedies
18.1 Products delivered by iHelios Limited hereunder which do not comply with the warranty in Section 8.1
above and are returned to us during the applicable warranty period will be repaired or replaced at no cost
to customer. If iHelios Limited cannot, or determines that it is not practical to, repair or replace a returned
product, the price paid by the customer for such product(s) will be credited and applied to future orders.
19. Disclaimer
19.1 iHelios Limited makes no warranties (other than as expressly provided in Section 8.1 above) with respect
to their products operating software or any services, and disclaims all other warranties, express or
implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Furthermore, iHelios Limited does not warrant the use, or the results of the use of the products or that any
software will be error-free.
20. Customer’s representations and warranties.
20.1 Customer represents, warrants and covenants that: (i) all iHelios Limited products shall be installed by a
fully qualified Electrician who has attended all of the relevant iHelios training modules and has complied
with all required good business practices and all laws and regulations relevant to this Agreement or the
subject matter hereof, (ii) they shall use the then current names used by iHelios Limited for the products,
provided that all advertisements, promotional materials, packaging and anything else bearing any
trademark of iHelios Limited shall identify them as the trademark owner and shall be subject to their prior
written approval and (iii) it shall comply with all export laws, restrictions, national security controls and
regulations of the United Kingdom or other applicable foreign agency or authority, and not to export or
re-export, or allow the export or re-export of any product or proprietary information of iHelios Limited or
any direct product thereof in violation of any such restrictions, laws or regulations, or without all required
licenses and proper authorizations.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
21. Limitation of Liability.
21.1 Neither party will be liable with respect to any subject matter of this warranty under any other contract,
negligence, strict liability or other legal or equitable theory for (a) any amounts in excess in the aggregate
of the amounts paid to it (in the case of iHelios Limited) or (in the case of the customer) paid or owed by
it hereunder during the 15 years (for iHelios heating films) or 2 years period (for ancillary or associated
items) prior to the date the cause of action arose or (b) any incidental or consequential damages, lost
profits or lost data or (c) cost of procurement of substitute goods, technology or services. The limitations
of this section shall not apply to any breach of any other section.
22. Indemnification.
22.1 iHelios Limited does not agree to defend, indemnify and hold harmless the customer from and against 3rd
party claims, actions, demands, costs or expenses arising from (a) infringement by the products as and in
the form delivered to customers of any patent, trademark, copyright or other intellectual property right of
any third party or (b) the products’ failure to perform in accordance with the product warranty set forth in
Section 8.1, provided that the customer (a) promptly notifies iHelios Limited in writing of any such claim,
action or demand or (b) permits iHelios Limited to have sole control and authority in the investigation,
defense and settlement of such claim, action or demand and (c) provides iHelios Limited with reasonable
assistance and cooperation in connection with the investigation, defence and settlement thereof and
iHelios Limited agrees to reimburse the customer for out-of-pocket expenses incurred in providing such
cooperation and assistance. iHelios Limtied shall have no obligation with respect to any settlement that
it does not approve in writing. Customer shall permit iHelios Limited to replace or modify any affected
product so to avoid infringing, so long as the replacement or modification has substantially the equivalent
functionality as set forth in the design specifications, or to procure the right for customer to continue use
of such products. If neither of such alternatives is reasonably practicable, the infringing products shall
be returned to seller and seller’s sole liability hereunder, in addition to Seller’s obligations to defend,
indemnify and hold harmless set forth in this Section 11, shall be to refund amounts paid therefore by the
customer. iHelios Limited shall have no obligation hereunder for or with respect to claims, actions, or
demands alleging infringement that arise by (a) reason of combination of non-infringing, product with any
other product, system or process not supplied by iHelios Limited or (b) products modified after delivery
to customer without the written consent of iHelios Limited or (c) products not supplied by iHelios Limited;
and (d) customer’s continued use of infringing products after being notified of the alleged infringement
and after being provided with modifications that would have avoided the alleged infringement. The
foregoing states iHelios Limited’s entire liability with respect to infringement of any intellectual property
rights by any Product.
23. Relationship of Parties.
23.1 Customer expressly acknowledges that it is not an independent contractor in the performance of this
Agreement, and the installation was completed by a competent and qualified person who was solely liable
for all labour and related expenses in connection with any installation works completed. Customer will not
have, and will not represent that it has, any power, right or authority to bind Seller, or to assume or create
any obligation or responsibility, express or implied, on behalf of iHelios Limited. All electrical installation
work must be carried out professionally and should comply with all applicable regulations and safety
standards relating to the installation of electrical heating systems.
24. Prohibited Actions
Before ordering an iHelios heating system it is important that you familiarise yourself with the following Prohibited
Actions and precautions to ensure that the system is suitable for your requirements.
The following list is provided as a guide to assisting you in the operation of your iHelios heating system. It is not
exhaustive and if you are unsure regarding any part of the operation of the system, you must contact the iHelios
Technical Support Team who will assist you.
1. iHelios heating systems are designed and specified for each individual property type. The iHelios heating
film and all ancillaries required for each installation are supplied as a package so no other none iHelios
branded products can be used.
2. If iHelios heating film is installed between joist sections (either in floor or ceiling), these must be covered
with a suitable weight bearing boarding to ensure that the system is fully protected.
3. The iHelios heating system MUST be installed by fully qualified electricians who have completed the iHelios
training program and are qualified to install iHelios heating and ancillary products.
Company Number: 12010839 | Registered Office Address: The Old Brass Foundry, Marlborough Terrace, Hull HU2 9AE
4. No area of the iHelios heating film can be punctured by nails, screws or drilling otherwise the section must
be replaced. If you have damaged the film please contact the iHelios Technical Support Team.
5. If iHelios heating film is installed underfloor you must not place any objects directly on the floor unless
the object is elevated from the floor surface by supporting legs. Each pad of a supporting leg must have a
maximum surface area of 50cm2 and be a minimum length of 10cm.
6. If iHelios heating film is installed underfloor, the final floor coverings (anything that is placed above the
iHelios heating film) must have a maximum combined resistance value (R-Value) of no more than 0.15 (0.15
m2K/W).
The table below show some indicative R-Values for various floor products. R-Values are calculated for each individual
product and vary significantly as they are based on the specific material type, composite density, thickness, and any
protective coatings. It is vitally important that you check each layer of floor covering that you wish to use and calculate
the combined values.
If you are unsure, then you must contact the iHelios Technical Support Team for further clarification.