Terms and Conditions of Sale

Home » Terms and Conditions of Sale

Once the quotation letter (the “Quotation”) and sales order form (the “Order Form”) have been agreed between the buyer of the goods and services (“you”) and The Northern Fireplace Company Ltd (“The Northern Fireplace Company”) and you have read and understood these terms and conditions of sale (the “Terms”) you will enter into a legally binding contract (the “Contract”) with The Northern Fireplace Company for the supply of fitted goods (comprising of bespoke and non-bespoke components (the “Goods”) as described in more detail in the cancellation rights section) and the associated installation services (the “Services”) as detailed in the Quotation and Order Form. These are the Terms on which The Northern Fireplace Company supply the Goods and Services to you and it is important that you read these before signing so that you understand your rights and obligations.

Information about The Northern Fireplace Company
- The Northern Fireplace Company Ltd is a company registered in England and Wales.
  - Its company registration number is 17143191.
  - Its registered office is West Garth, Sawley, Ripon, England, HG4 3EE
  - Its registered VAT number is 518000926
  - Its showroom address is Units 3&4 Hookstone Park, Harrogate, HG2 7DB

The Northern Fireplace Company can be contacted by telephone at 01423 800616, by email at info@stonehousefireplaces.uk or by writing to the showroom address.

1.3 If The Northern Fireplace Company have to contact you it will do so by telephone or by writing to you at the email address or postal address as provided on the Order Form.

CONFIRMATION AND SPECIFICATION OF GOODS AND SERVICES
- Confirmation of Goods and Services

The Contract will only come into existence between you and The Northern Fireplace Company when The Northern Fireplace Company contact you to accept your order for goods/services and a deposit has been paid. No contract exists between you and The Northern Fireplace Company until both of these are satisfied. Payment of a deposit is taken as confirmation of acceptance of the terms and conditions. Prior to commencing the Services, The Northern Fireplace Company need to have received an initial deposit in cleared funds from you.

Specification of Goods and Services

All Goods supplied will correspond with the Quotation and Order Form, be of satisfactory quality and be fit for purpose (subject to the other provisions of these Terms). All Services will be performed by The Northern Fireplace Company using all reasonable skill, care and diligence. The Northern Fireplace Company may, after the date of entry into the Contract, make reasonable changes to the specification of any Goods or Services, including in circumstances where it is required to ensure compliance with any applicable law or code of practice and/or where those changes do not result in any reduction to the standard, quality or performance of the Goods or Services in question or otherwise place you at any disadvantage.

Wood and Other Natural Goods

Where any Goods consist of stone, wood or other natural materials, variations in the colour and appearance between different items (and any samples shown to you) may occur as a result of the natural characteristics of such materials. You acknowledge that such variations do not constitute a breach of these Terms by The Northern Fireplace Company. Natural flaws and colour changes in materials supplied will not be accepted by The Northern Fireplace Company as defects and do not justify rejection by you. The Northern Fireplace Company can also not guarantee natural materials against heat and will not be liable for any damage arising as a result.

Changes to the Specification

If you request any change to the specification specified by The Northern Fireplace Company on the Order Form and Quotation (the “Specification”) after the date of entry into the Contract (for example, you ask The Northern Fireplace Company to install additional units or change appliances) then such change shall only be binding if accepted by The Northern Fireplace Company in writing and The Northern Fireplace Company’s agreement may be subject to you paying an increased price for the Goods and Services as notified to you by The Northern Fireplace Company.

PRICE, PAYMENT AND OWNERSHIP
- Price

Prices offered are subject to fluctuations in the availability, quality and cost of raw materials. The Northern Fireplace Company can, upon giving you 30 days’ notice, vary any prices offered. Unless otherwise agreed in writing, all orders require an initial advance deposit of 50%. The remaining 50% of the balance must be paid within 7 days prior to commencement of the Services. Failure to pay the remaining balance will result in delivery being delayed until the balance is received in cleared funds. The Northern Fireplace Company will not be obliged to deliver any Goods or perform any Services until the Goods have been paid for in full.

VAT

Prices are stated inclusive of VAT at 20%. The Northern Fireplace Company shall be entitled to adjust the price payable by you to reflect any subsequent changes to the rate of VAT or special VAT circumstances. Where you qualify for a reduced or zero rate of VAT (as in the case of a conversion or a new build) then The Northern Fireplace Company can apply the reduced/zero rate of VAT but this must be requested by you prior to quotation and order and documentary evidence must be supplied to The Northern Fireplace Company to prove eligibility for the reduced/zero rate of VAT. Please note that if you fail to request this prior to installation then we cannot alter the order retrospectively and the standard rate of VAT will apply.

Payment

Payment can be made by cash, cheque, debit card, credit card or BACS (The Northern Fireplace Company’s bank account details are printed on all orders). The balance of the price may become payable by you in the instalments as detailed on the Order Form. Late Payments If you fail to pay any amount owed to The Northern Fireplace Company under these Terms on time then The Northern Fireplace Company may suspend without liability further deliveries of any Goods and/or performance of any Services until you have paid all overdue amounts. In addition, The Northern Fireplace Company may claim interest on any late payment calculated on a daily basis at 8% above the base lending rate of Barclays Bank plc from time to time in force.

Ownership of and Risk in the Goods

The Goods will be your responsibility from the time The Northern Fireplace Company deliver the Goods to you. All Goods supplied remain the property of The Northern Fireplace Company until paid for by you in full and in cleared funds, although this retention of ownership will not affect any claim which The Northern Fireplace Company may have against you for the payment of any overdue amount. Until ownership of Goods has passed to you, if requested to do so by The Northern Fireplace Company you must provide The Northern Fireplace Company with access to your home at any reasonable time to enable The Northern Fireplace Company to inspect the Goods and recover them if any payment is overdue from you.

Delivery/Installation Dates

4.1 For supply-only orders the costs of delivery, if applicable, will be as notified to you before you place your order. During the order process The Northern Fireplace Company will provide an estimated delivery date. All installation dates are quoted in good faith and are estimates at the time of ordering, however these dates are approximate and subject to change. Any dates for delivery/performance of the Goods and Services are estimates and whilst The Northern Fireplace Company will always try to meet those dates it will not be liable for any minor delays or failures as installation may run on due to unforeseen circumstances. Delivery/Installation dates are therefore not guaranteed. 4.2 Delays The Northern Fireplace Company cannot accept responsibility for any delays caused by circumstances beyond its reasonable control (such as adverse weather conditions, staff illness or a general market shortage of particular Goods or parts). Such a delay will not constitute good reason for cancellation of the Contract.

UTILITY SUPPLIES AND SAFETY

You are responsible for ensuring at your own cost that your home has a safe electricity supply and, if applicable, natural gas supply connection prior to The Northern Fireplace Company commencing work. If you are having an electric fire installed you are responsible for ensuring a fuse spur has been fitted prior to fireplace installation. The Northern Fireplace Company do not install electric fuse spurs. Unless specifically provided for on the Order Form, arranging such supply connections and meters do not form part of the Services which The Northern Fireplace Company are to perform. Should it transpire that remedial work is required at your home to provide a safe electricity and, if applicable, natural gas supply and meters then unless such remedial work is required as a result of any breach of these Terms by The Northern Fireplace Company then you must promptly arrange for such work to be carried out at your own expense and The Northern Fireplace Company shall not be liable for any delay or failure by it to comply with its obligations under these Terms to the extent caused as a direct result of such remedial work being required and carried out.

YOUR RIGHTS
- Cancellation Rights

You have the right to terminate these Terms without reason and at no cost at any-time before actual delivery of the Goods to your home and also in limited circumstances after completion of the installation Services – the Notice of Cancellation Rights appended to these Terms sets out full details of these rights and how you can exercise them.

Termination due to The Northern Fireplace Company’s Delay

If The Northern Fireplace Company fail to deliver the Goods and complete the Services by any dates specified on the Order Form or otherwise agreed with you then, provided that the delay is not as a direct result of any breach by you of any of your obligations under these Terms (such as you failing to allow The Northern Fireplace Company access to your home) and/or due to circumstances beyond The Northern Fireplace Company’s reasonable control, you may request in writing that The Northern Fireplace Company complete all deliveries and Services within a further reasonable time-period. If The Northern Fireplace Company then fail to deliver the Goods and complete the Services within the reasonable time-period specified by you, you will then have the option to terminate the Contract due to The Northern Fireplace Company’s breach.

ACCESS TO YOUR HOME AND LIABILITY FOR DAMAGE
- Access to your Home

You must provide The Northern Fireplace Company with free access to your home to enable it to deliver the Goods and carry out the Services. You must also provide The Northern Fireplace Company with free access to water, electricity and gas for such purposes. You must ensure that you have secured in advance any necessary licences, permits or authorisations required to enable The Northern Fireplace Company to deliver the Goods and carry out the Services at your home (such as any listed building consents, if applicable).

Damage to Goods

Once any Goods have been delivered to your home you will become liable for any loss or damage to those Goods unless such loss or damage was directly caused by The Northern Fireplace Company itself or as an unavoidable result of you carrying out a reasonable and careful inspection of those Goods to confirm that they comply with the requirements of these Terms.

Working Hours

The Northern Fireplace Company will usually carry out work at your home during its usual working hours of 9.00am – 5.00pm. However, occasionally The Northern Fireplace Company may decide to work outside of these days/hours to enable it to complete work as soon as possible and/or to minimise any delay and you agree to grant access to your home outside of these days/hours if requested by The Northern Fireplace Company. If you request that The Northern Fireplace Company carry out work outside of these days/hours other than in order to allow The Northern Fireplace Company to remedy any breach of these Terms (for example, if you ask The Northern Fireplace Company to carry out work on a Saturday or Sunday as that is the most convenient time for you) then The Northern Fireplace Company’s agreement to do so will be subject to you first agreeing to pay The Northern Fireplace Company’s additional charges for working outside of these days/hours if such charges are applicable. These will be advised to you in advance.

Damage to your Home

Whilst The Northern Fireplace Company accepts liability for any reasonably foreseeable damage caused to your home as a direct result of its breach of these Terms, you accept that some level of cosmetic damage will be caused in order to perform the Services (such as damage to plaster, paintwork, skirting boards or floor (including carpets) and wall coverings) and that The Northern Fireplace Company will not be responsible to you for making good such damage. Whilst The Northern Fireplace Company will try to ensure that dust and disruption is kept to a minimum during installation, you should take all reasonable and necessary steps to minimise the impact of the installation Services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst The Northern Fireplace Company will clean up after itself, you should expect some dust to result from the installation Services and you agree that The Northern Fireplace Company will not be liable for any clearing expenses resulting from such dust. Unless provided for in the Quotation or Order Form The Northern Fireplace Company will not be liable to bury any pipework into floors or walls or for boxing in any new or existing pipework and cuts or holes made by The Northern Fireplace Company will be made good but not permanently finished or redecorated. Where The Northern Fireplace Company is responsible for carrying out any such work or making good any such loss or damage, The Northern Fireplace Company cannot guarantee to match any bricks, stonework etc. on a like-for-like basis.

Liability for Structural/Inherent Defects

The Northern Fireplace Company will not be liable for any damage to your home which is caused as a direct result of structural defects or weaknesses at your home or inherent issues unless:

that damage is caused as a direct result of a breach by The Northern Fireplace Company of these Terms; and/or
the existence of the defect or weakness in question should have been reasonably apparent to The Northern Fireplace Company upon a reasonable visual inspection of the area in which the Services are to be performed prior to The Northern Fireplace Company commencing work (although for the avoidance of doubt, The Northern Fireplace Company will not be obliged to carry out a detailed structural survey of the entire of your home nor any inspection of any parts not immediately visible to the naked eye, for example, any pipes buried behind plaster or under floorboards).

DANGEROUS MATERIALS
- Removal of Non-Dangerous Materials

No debris/waste will be removed by The Northern Fireplace Company unless this has been specifically quoted for and included on the Order Form. Where rubbish is left on site The Northern Fireplace Company will bag rubbish and tidy up as much as possible. This rubbish can then be collected and disposed of by a third party that you can appoint. Removal of Dangerous Materials If any dangerous materials are found at your home then The Northern Fireplace Company may agree (at its discretion) to remove those for you for an additional charge agreed with you in advance. If not, you must promptly arrange at your own expense for a specialist contractor to remove those dangerous materials as soon as possible and The Northern Fireplace Company will be entitled to suspend further works until you have done so and provided it with a “site clearance for reoccupation” certificate which should be provided by your specialist contractor. If there is any significant delay in you arranging for the removal of any such dangerous materials from your home or should you refuse to arrange for the removal of those dangerous materials then The Northern Fireplace Company will be entitled to terminate the Contract and should it do so, you must pay to The Northern Fireplace Company a reasonable proportion of the overall price to reflect the Goods and Services which The Northern Fireplace Company have already provided prior to termination.

SUSPENSION OF WORK/TERMINATION BY THE NORTHERN FIREPLACE COMPANY
- Suspension of Work

If The Northern Fireplace Company suspend or delay the delivery of any Goods and/or the performance of any Services at your request, in accordance with any of the rights of suspension available to it under this Contract and/or as a direct result of any breach by you of your obligations under these Terms (for example, if you have failed to arrange a safe gas and electricity supply to your home before The Northern Fireplace Company commence work) then in addition to the original price payable by you, The Northern Fireplace Company reserves the right to charge you a reasonable additional amount to cover any unavoidable additional costs, expenses and/or losses incurred by The Northern Fireplace Company as a direct result of its suspension or delay in those circumstances (for example, the cost of storing Goods as a result in any delays to delivery in such circumstances).

Termination by The Northern Fireplace Company

If there is any significant delay by you in complying with any of your obligations under this Contract (for example you fail to promptly arrange the safe removal of any asbestos found at your home) then in addition to its rights as detailed above, The Northern Fireplace Company may terminate this Contract if you fail to remedy the situation within a further reasonable time period as specified by The Northern Fireplace Company to you in writing. In such circumstances you will still be liable to pay the full price to The Northern Fireplace Company although The Northern Fireplace Company may discount that price by a reasonable amount to take account of any cost saving which The Northern Fireplace Company actually benefits from as a result of its termination (for example, if The Northern Fireplace Company is able to cancel without penalty or charge to it the supply of any Goods which you ordered).

THE NORTHERN FIREPLACE COMPANY’S LIABILITY TO YOU AND YOUR RIGHT TO TERMINATE
- The Northern Fireplace Company’s Liability for Death or Personal Injury

The Northern Fireplace Company does not exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury caused by the negligence of The Northern Fireplace Company or the negligence of one of The Northern Fireplace Company’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods and for defective Goods under the Consumer Protection Act 1987.

The Northern Fireplace Company’s other Responsibilities to You

If The Northern Fireplace Company breaches any of its obligations owed to you then The Northern Fireplace Company accepts responsibility for any loss or damage which you may suffer as a direct result of its breach and which was reasonably foreseeable on the date on which The Northern Fireplace Company signed the Order Form. The Northern Fireplace Company does not though accept any responsibility for loss or damage which is not caused as a direct result of its breach (including liability for any loss of earnings) or which was not reasonably foreseeable on the date on which it signed the Order Form. Further, The Northern Fireplace Company does not accept responsibility for any loss or damage to the extent that it is caused as a direct result of you breaching any of your obligations under these Terms (for example, if you fail to provide The Northern Fireplace Company with access to your home to enable it to perform the Services) and/or due to circumstances beyond its reasonable control. In addition, The Northern Fireplace Company will not be liable for any loss or damage to the extent that could have been avoided or reduced by you taking reasonable mitigating steps which you failed or declined to take.

Termination due to The Northern Fireplace Company’s Breach

If The Northern Fireplace Company commits any material or serious breach of its obligations under these Terms then, provided that such breach is not as a direct result of any breach by you of any of your obligations under these Terms (such as you failing to allow The Northern Fireplace Company access to your home) and/or due to circumstances beyond The Northern Fireplace Company’s reasonable control, you may request in writing that The Northern Fireplace Company remedies its breach within a further reasonable time-period. If The Northern Fireplace Company then fail to remedy its breach within the reasonable time-period specified by you, you will then have the option to terminate this Contract due to The Northern Fireplace Company’s breach.

Allowing The Northern Fireplace Company the Opportunity to Put Things Right

If you suffer any loss or damage for which The Northern Fireplace Company is responsible then you must afford The Northern Fireplace Company a reasonable opportunity to remedy the problem (for example, by allowing The Northern Fireplace Company access to your home to repair any damage for which it is responsible) and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of The Northern Fireplace Company’s breach of these Terms. The Northern Fireplace Company will not be responsible for any loss or damage which is caused as a result of you failing to afford it a reasonable opportunity to put things right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.

VARIATIONS TO THESE TERMS AND ASSIGNMENT
- Variations to these Terms

Other than in the limited circumstances detailed in these Terms where The Northern Fireplace Company may make certain unilateral changes, any variation to these Terms after your Contract with The Northern Fireplace Company has come into force will only be valid if agreed between you and The Northern Fireplace Company in writing.

Assignment

The Northern Fireplace Company may assign or sub-contract some or all of its rights and obligations under these Terms from time to time but any such assignment will only be in circumstances which do not prejudice your rights under these Terms.

WARRANTIES
- General Warranty

Subject to 12.1, The Northern Fireplace Company warrants that all Goods provided by it will continue to meet the standards provided for under these Terms for a period of 5 years from the date the Services are commenced. All Goods supplied by The Northern Fireplace Company are warranted free from defects and carry a manufacturer guarantee (except showroom displays). All Goods must be inspected immediately following delivery or installation (no later than 3 days) and will be repaired or replaced free of charge if found by The Northern Fireplace Company to be defective or damaged in any way arising directly from the delivery or installation by The Northern Fireplace Company’s representatives. This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by The Northern Fireplace Company, failure to follow The Northern Fireplace Company’s or the Manufacturer’s instructions on aftercare or any alteration or repair carried out without The Northern Fireplace Company’s approval.

Warranty on Multi-fuel and Wood Burning Stoves

Please note the following items on any multi-fuel or wood burning stove are NOT covered under warranty – grate bars, stove glass, door seals and glass seals, firebricks and stove cement. Fuel for any solid fuel appliance must be as specified in the manufacturer’s user manual and purchased from an approved coal merchant and have relevant documentation for any warranty claim to be valid. Solid fuel appliances should be serviced once within every 12 month period and swept at least once a year (more often if smokeless fuel is used). All solid fuel appliances must be fitted by a HETAS approved engineer, failure to do so will invalidate any warranty claim.

Warranty on Gas Appliances

All gas appliances must be installed by a Gas Safe registered engineer and serviced at least once in every 12 months – in the case of some Goods this may be a stipulation of the terms of the manufacturer’s warranty. This must be arranged with a Gas Safe registered installer. The Northern Fireplace Company require a copy of the gas safety certificate issued on the day, or last service by the Gas Safe registered installer before The Northern Fireplace Company proceed with a warranty claim.

Notification of Warranty Claims

You must notify The Northern Fireplace Company of any warranty claim as soon as reasonably possible after becoming aware of the fault or problem in question, using the contact details set out in the documentation provided to you by The Northern Fireplace Company when it delivered the Goods/performed the Services (or such other contact details as The Northern Fireplace Company may subsequently notify to you).

Operation and Use of Goods

In order to benefit from the above warranty you must ensure that you use and care for the Goods at all times with reasonable care and in accordance with any instructions concerning the use and care of those Goods as provided to you by The Northern Fireplace Company and/or the manufacturer of the Goods in question.

Exclusions from Warranty Claims

Neither The Northern Fireplace Company nor the manufacturer of any Goods will be liable to you, whether under these Terms or otherwise (and whether to carry out any warranty repairs or otherwise), where any fault or problem arises as a result of:

any failure by you to comply with your obligations set out above regarding the use and care of the Goods and/or you failing to notify The Northern Fireplace Company of any warranty claim as soon as reasonably possible;
any deliberate damage, vandalism or damage caused by circumstances outside of the control of The Northern Fireplace Company (for example, due to structural problems at your home);
any damage caused by you and/or a third party carrying out work at your home other than where such third party was acting at the request of or on behalf of The Northern Fireplace Company and/or the manufacturer of any Goods; and/or
any mechanical breakdown or failure of the Goods provided.

Exclusion of Your Existing System

The above warranty applies only to the Goods and Services provided under these Terms and does not extend to cover any other items at your home such as your existing systems. All installations are carried out by The Northern Fireplace Company on the assumption that your existing systems are and will be maintained by you in a satisfactory condition. Unless directly caused by a breach by The Northern Fireplace Company of these Terms, The Northern Fireplace Company will not be responsible for repairing any faults or issues which may develop in future with your existing systems.

Financial Conduct Authority

These Terms do not cover the credit broking requirements set out in CONC 2.5 of the FCA Handbook which can be found here: FCA Handbook – CONC 2.5

TERMINATION OF THESE TERMS

Unless terminated earlier in accordance with its provisions, these Terms will automatically terminate on the last day of the applicable warranty period. Any termination of these Terms will not affect any claim, cause of action or liability which may have arisen before the date of termination. 15 Cancellation Rights Please note that these cancellation rights only apply in respect of non-bespoke Goods (namely the fireplaces and chimney flues which consist of standard non-bespoke components). For non-bespoke Goods bought off-premises (for example where the contract is concluded at a place other than The Northern Fireplace Company’s showroom, office or through any distance communication) you have the right to cancel the Contract between you and The Northern Fireplace Company without giving any reason within 14 days from the date of delivery of the Goods (and where requested by you and subject to the provisions set out below, the provision of the Services) at your home. This cancellation period will expire 14 days after the date on which The Northern Fireplace Company have delivered the Goods (and where requested by you as set out below, the provision of the Services) at your home. In order to exercise your cancellation rights, you must send a clear statement to The Northern Fireplace Company within this 14 day period stating that you wish to cancel. You may use the form below to exercise your right to cancel, however use of that form is not obligatory. If you do not wish to use this cancellation form, then please ensure that any statements of cancellation are sent to The Northern Fireplace Company using the contact details set out on that form. Provision of Goods and Services during the Cancellation Period Due to the nature of the Goods, it would be preferable for the Goods and Services to be provided by The Northern Fireplace Company at the same time. You shall be deemed to request that The Northern Fireplace Company commence the provision of the installation Services at your home at the same time as you accept and sign for delivery of the Goods. Please note that if you request that The Northern Fireplace Company commence the provision of Services at your home at the same time as you accept delivery of the Goods, this means that you still have the right to cancel, however if you do cancel in these circumstances you will be required to pay a proportionate amount of the price payable to The Northern Fireplace Company under these Terms for work already undertaken before your cancellation, and for any Goods The Northern Fireplace Company have already installed. For the avoidance of doubt, these cancellation rights only apply in respect of non-bespoke Goods and do not apply to any bespoke Goods. Effect of Cancellation If you cancel the Contract with The Northern Fireplace Company in accordance with your rights set out above, then The Northern Fireplace Company may collect at its own expense any non-bespoke Goods which have already been delivered to your home and reimburse you without delay for any payments which you have already made to The Northern Fireplace Company under these Terms. However, The Northern Fireplace Company may deduct from this reimbursement: (i) a reasonable amount for any loss or damage caused to the Goods whilst at your home provided that such loss or damage was not caused by The Northern Fireplace Company or as a result of you carrying out a reasonable inspection of those Goods to confirm they were as ordered; and/or (ii) any payment which The Northern Fireplace Company may be entitled to as referred to above for Services performed at your request during the 14 day cancellation period.

Cancellation Form To THE NORTHERN FIREPLACE COMPANY LTD, Showroom – Unit 3&4 Hookstone Park, Harrogate, HG2 7DB Tel: 01423 800616, email: info@stonehousefireplaces.uk I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods */for the supply of the following service*: Ordered on* ……………./ received on* ……………………. (insert date) (insert date) Name of consumer(s): ………………………………. (insert your name(s)) Address of consumer(s): …………………………….. (insert your address) Signature of consumer(s): …………………………… (sign here only if this form is notified on paper) Date:………………………………………. (insert date of sending) * Delete as appropriate

Made to Measure, Bespoke & Special Order Goods

In the case of cancellation rights, the above cancellation rights do not apply to any bespoke Goods (namely all other components including but not restricted to made to measure fireplaces, hearths, worktops and surrounds and special order fires made to individual specifications), even if the 14 day period is still running. There is no cancellation in respect of made to measure or special order products.