Last updated 4 September August 2025.

These terms of sale (Terms) govern every contract under which Hörstad Ltd, a company registered in Scotland under company number SC616219 with its registered office at Unit Ts3 Telford Square, Houston Industrial Estate, Livingston, Scotland, EH54 5PQ (Hörstad, we, us or our) designs, manufacturers, supplies and/or installs under-floor-heating (UFH) goods and associated services to business customers (you or your).

These Terms prevail over any terms you may seek to impose or incorporate. By purchasing our Goods and/or Services, you hereby agree to these Terms in their entirety.

1.                  Interpretation

1.1.             Within these Terms, the following definitions shall apply to the defined words and expressions, unless the context requires otherwise:

Business Days: any day other than a Saturday, Sunday, or public holiday in Scotland, on which banks in Scotland are open for business.

Commencement Date: the date on which we issue the Order Confirmation and the Contract is formed.

Confidential Information: any non-public information disclosed by Hörstad to you in connection with the Contract, including, without limitation, technical drawings, specifications, pricing and customer data.

Contract: these Terms, together with the Order and Order Confirmation.

Delivery Date: the estimated date that we aim to deliver the Goods.

Design Service: our design service, providing layouts, heat-loss and flow-rate calculations.

End-User: the legal owner/occupier of the premises into which the Goods are installed.

Force Majeure Event: has the meaning given in clause 10.1.

Goods: the UFH systems, wet (hydronic) or electric, pipes, manifolds, controls, installer tools, accessories and other UFH components shown on the Order.

Installer: the professional that physically installs/commissions the Goods.

Lifetime Pipe Guarantee: has the meaning given in clause 11.1.

Marketing Materials: brochures, drawings, illustrations, literature, samples or other such marketing materials.

Order: the detailed description of the Goods and Services that you require us to supply to you and any documents referred to therein.

Order Confirmation: our written acceptance of the Order.

party: individually, you or us.

parties: collectively, you and us.

Price: means the total amount (exclusive of VAT unless stated otherwise) that you to pay for the Goods and Services, as shown on the Order.

Services: any of the following expressly agreed in the Order: (a) the Design Services; (b) pre-fabrication; (c) delivery and off-loading; (d) technical support; and (e) product training.

Specification: the written specification for the Goods (including any relevant designs, plans and performance data) agreed between you and us.

1.2.             You acknowledge that you are buying in the course of business and not as a consumer. You should read these Terms carefully and check that the information in the Order is correct. Any variation must be expressly agreed in writing by us and will not be binding otherwise.

1.3.             Each party confirms that, in entering into the Contract, it has not relied on any statement, promise, representation or assurance that is not expressly set out in these Terms, the Order or the Specification.

2.                  Basis of Contract

2.1.             The Order constitutes an offer by you to purchase the Goods and/or Services in accordance with these Terms. We may accept or decline the Order at our absolute discretion and we shall not be liable to you where we decline.

2.2.             The Contract comes into force on issue of the Order Confirmation (Commencement Date). No quotation is binding unless and until so accepted.

2.3.             Any descriptive matter or advertising issued by us (including blog posts, catalogues and website content) is for the sole purpose of giving an approximate idea of the Goods; it does not form part of the Contract unless expressly incorporated in writing.

3.                  Design Service and Pre-Contract Information

3.1.             Where you purchase the Design Service:

3.1.1.        You (or the appointed Installer) must supply complete and accurate architectural drawings, heat-source data, floor constructions and any special loading or zoning requirements.

3.1.2.        We will deliver layout drawings and performance calculations within the turnaround notified at quotation stage.

3.1.3.        The Design Service output becomes part of the Specification once both parties approve it in writing.

3.1.4.        If you vary the approved design, we may charge additional fees and reset the Delivery Date.

3.2.             Except as stated in clauses 10 and 11, we make no performance guarantee; all energy-saving or running-cost projections are estimates only.

4.                  Specification and Variation Goods

4.1.             The Goods will conform in all material respects to the Specification.

4.2.             We may amend the Specification: (i) to comply with applicable law, a change in harmonised standards or UK Building Regulations; or (ii) to implement minor improvements that do not materially affect form, fit or function.

4.3.             If you request a variation after the Commencement Date, we will confirm revised Price, Delivery Date and any other impacted terms before proceeding.

5.                  Delivery, Risk and Installation

5.1.             Delivery within the UK will be made by our nominated carrier to the delivery address specified in the Order on a kerbside basis. Risk in the Goods passes on delivery at the kerbside. If you elect to collect the Goods, risk passes on collection when the Goods are made available at our Livingston facility.

5.2.             Time of delivery is not of the essence, but we will use reasonable endeavours to meet the Delivery Date.

5.3.             Delivery may be suspended for a Force Majeure Event; see clause 18.

5.4.             You are responsible for providing safe and reasonably convenient access for delivery vehicles, and for arranging suitable off-loading equipment and personnel at the delivery address. Any redelivery, waiting-time or storage charges arising from failed or refused delivery may be charged to you. You are responsible for disposal of pallets and packaging unless we expressly agree otherwise. We do not remove hazardous waste.

6.                  Permission and Approvals

6.1.             You are responsible for gaining any necessary approvals including but not limited to any planning permissions, building regulations, local authority permits and approvals, landlord approval or deed of covenant. By permitting us to provide the Goods and carry out the Services you warrant to us that this has been done.

6.2.             You are responsible for applying for any government schemes.

6.3.             If our Goods are integrated with a heat-pump or boiler, you must ensure the primary flow temperatures, blending valves and controls are set within the operating limits stated in our manuals.

7.                  Title Retention

7.1.             Title transfers when we receive cleared funds for all sums due under the Contract.

7.2.             Until title transfers you must (i) store Goods separately and label them as our property; (ii) maintain them in satisfactory condition and insure them; (iii) not pledge or charge them; and (iv) allow us access to repossess on demand.

7.3.             Your right to possess Goods under this clause automatically terminates if you become insolvent.

8.                  Payment Terms

8.1.             The Price is as per the Order plus VAT at the prevailing rate and any duties, import or environmental changes.

8.2.             We may increase the Price to reflect (a) documented increases in copper, aluminium or polymer commodity indices; (b) additional freight or fuel surcharges; or (c) changes in law imposing new taxes or duties, provided we give at least 14 days’ written notice.

8.3.             Unless the Order states otherwise, 30% of the Price is payable on Order and 70% is payable within 30 days of the date of our invoice.

8.4.             We accept payment by debit or credit card and bank transfer.

8.5.             Late payments accrue interest at 8 % p.a. above the Bank of England base rate (compounded monthly) plus statutory compensation under the Late Payment of Commercial Debts (Interest) Act 1998. We may suspend further deliveries or Services while any payment is overdue.

9.                  Inspection, Testing and Acceptance

9.1.             On delivery you shall immediately:

9.1.1.       examine each pallet, crate or coil for visible damage;

9.1.2.       verify the quantity delivered against the delivery note; and

9.1.3.       record any discrepancies or damage on the carrier’s proof-of-delivery (POD).

Any damage caused during unloading by your plant or labour is at your risk.

9.2.             You must notify us in writing of:

9.2.1.       any visible transit damage or quantity shortfall within five Business Days of delivery; and

9.2.2.       any latent, non-visible defect within 10 Business Days of discovery and, in any event, before the expiry of the relevant warranty period.

Each notification shall quote the Order number, product code and, where available, the batch or serial number, and include photographs and a copy of the POD.

9.3.             Until we confirm how we wish to proceed, you must retain the affected Goods and their original packaging and labelling in the state and location in which they were first inspected, and you shall make the Goods (or a representative sample) available for our inspection at a mutually agreed location. Failure to comply may, at our discretion, invalidate any related claim.

9.4.             Where the Contract provides for commissioning or acceptance testing that we are to perform or witness, acceptance of the Services occurs on the earlier of:

9.4.1.       our written confirmation that the tests have been passed, or

9.4.2.       the Goods first being put into commercial use.

Where commissioning is undertaken by an Installer, you shall ensure that the Installer completes test sheets in our standard format and that those records are retained for at least 12 years.

9.5.             Except for latent defects notified under clause 9.2.2, acceptance of the Goods is deemed to occur on the earlier of:

9.5.1.       expiry of the relevant notification window without a valid claim; or

9.5.2.       the Goods being incorporated into a screed, floor or other building system.

After acceptance, the Goods may be rejected only in accordance with the warranty provisions in clause 10 or any applicable manufacturer guarantee.

9.6.             Provided you have complied with clauses 9.1 to 9.3, if the Goods do not conform to the Contract we shall, at our option, repair, replace, credit or refund the affected Goods. This clause 9 sets out your exclusive remedy for delivery shortages or non-conformities.

9.7.             No Goods may be returned without our prior written authorisation and a returns-material-authorisation (RMA) number. Unless we agree otherwise, you bear the risk and cost of returning Goods; risk re-passes to us only when unloading is completed at the address specified in the RMA.

9.8.             If we refund the Price of, or supply replacements for, any Goods, title in the rejected or replaced items re-vests in us upon refund or on the dispatch of the replacements, as applicable, without the need for further documentation.

10.              Standard Warranty

10.1.         We warrant that, for a period of five years from the date of Delivery:

10.1.1.    the Goods shall be free from material defects in materials and workmanship; and

10.1.2.    any Services shall be performed with reasonable care and skill.

10.2.         The warranty in clause 10.1 is conditional upon:

10.2.1.    the Goods being stored, handled, installed and commissioned strictly in accordance with our written instructions and any applicable industry standards and those written instructions being communicated in full to the Installer;

10.2.2.    the operating parameters (including flow temperature, pressure and system chemistry) remaining within those specified by us;

10.2.3.    commissioning and maintenance records being completed in our standard format and retained during the warranty period; and

10.2.4.    the Goods being used only for their intended purpose and within the application scope stated in the Specification and our manuals.

10.3.         To make a claim you must notify us in writing within the warranty period, quoting the Order number, product code and, where available, batch or serial number, and supply reasonable evidence of the alleged defect. We will acknowledge the claim within 5 Business Days and agree next steps with you.

10.4.         Our sole obligation under this clause 10 is, at our option, to repair the Goods, replace the Goods, re-perform the Services, issue a credit note, or refund the Price of the affected Goods or Services. Any replacement Goods are warranted for the unexpired portion of the original warranty period.

10.5.         The warranty does not cover:

10.5.1.    consumables or normal wear;

10.5.2.    cosmetic or non-functional damage;

10.5.3.    damage caused by misuse, accident, improper acts or omissions of an Installer, third-party modification, incorrect installation or Force Majeure Events;

10.5.4.    the cost of gaining access to embedded pipework, screed removal, reinstatement of floor finishes, temporary heating or accommodation, unless we have agreed otherwise in writing; or

10.5.5.    use of the Goods outside their intended application or contrary to the Specification or our manuals.

11.              Lifetime Pipe Guarantee

11.1.         Certain pipe products supplied under the Contract are covered by our 95-year lifetime pipe guarantee (Lifetime Pipe Guarantee), as identified in the Order or, where applicable, in the Installer’s registration submission. The Lifetime Pipe Guarantee certificate (latest published version on the Commencement Date) is incorporated into and forms part of this Contract.

11.2.         The Lifetime Pipe Guarantee applies only if the installation is registered with us via the on-line form referenced in the certificate within 30 days of commissioning and you retain a copy of the commissioning test sheet.

11.3.         The Lifetime Pipe Guarantee may be transferred to the next End-User of the premises provided:

11.3.1.    the transfer is registered with us within 60 days of completion of the sale of the premises; and

11.3.2.    any inspection or administration fee stated in the Lifetime Pipe Guarantee is paid.

11.4.         The sole remedy under the Lifetime Pipe Guarantee is our supply, at our cost, of replacement pipe of the same or equivalent specification. All other costs, including but not limited to removal of the defective pipe, screed or floor finishes, labour, consequential or indirect losses, are excluded unless the Lifetime Pipe Guarantee certificate expressly states otherwise.

11.5.         If a defect in pipework could give rise to:

11.5.1.    a claim under the 12-month warranty in clause 10; and

11.5.2.    a claim under this clause 11,

the claim shall be dealt with first under clause 10, and after expiry of clause 10 the Lifetime Pipe Guarantee applies.

11.6.         The Lifetime Pipe Guarantee is subject to the exclusions, voidance events (e.g. kinking, over-temperature, non-approved additives) and claim procedure set out in the certificate. Breach of those conditions releases us from all liability under the Lifetime Pipe Guarantee.

12.              Product Safety and Recall

12.1.         Each party shall inform the other in writing as soon as reasonably practicable after becoming aware of any actual or suspected safety defect relating to the Goods, including any report from an Installer or End-User.

12.2.         If a mandatory or voluntary recall, retrofit or field-safety action is required, the parties will co-operate in good faith on a recall plan that complies with applicable law. Costs will be allocated in the recall plan having regard to fault, responsibility and statutory obligations.

13.              Intellectual Property Rights

13.1.         In this Contract, Intellectual Property Rights means patents, rights to inventions, know-how, trade secrets, copyright and related rights, trade marks, service marks, business names, domain names, get-up, goodwill and the right to sue for passing off, design rights, database rights, rights in computer software, rights to use (and protect the confidentiality of) confidential information, and all other intellectual property rights, whether registered or unregistered, and including any and all applications and the rights to apply for (and be granted) renewals and extensions, and rights to claim priority from, such rights and any and all similar or equivalent rights or other forms of protection which subsist now or in the future and including rights under licences in relation to any of the foregoing.

13.2.         All Intellectual Property Rights in the Goods, the Specification and Marketing Materials shall remain our property or that of our authorised licensors.

13.3.         You are granted a non-exclusive, royalty-free licence to use our installation manuals, BIM files and images solely for the purpose of installing, commissioning, operating or (where permitted) re-selling the Goods.

13.4.         You shall not reverse-engineer, de-compile or create derivative works from the Goods except to the extent allowed by law.

14.              Confidentiality

14.1.         You shall, for the term of the Contract indefinitely thereafter:

14.1.1.    keep the Confidential Information secret and use it solely for performing your obligations or exercising your rights under the Contract;

14.1.2.    disclose it only to your employees, officers or professional advisers who have a strict need to know for that purpose and who are bound by confidentiality obligations no less protective than this clause; and

14.1.3.    apply at least the same degree of care to the Confidential Information as you apply to your own information of a similar nature (but never less than reasonable care).

14.2.         The obligations in this clause do not apply to information that you can demonstrate:

14.2.1.    is or becomes public through no fault of yours;

14.2.2.    was lawfully in your possession before we disclosed it;

14.2.3.    is lawfully disclosed to you by a third party without breach of any confidentiality duty; or

14.2.4.    is independently developed by you without reference to the Confidential Information.

14.3.         On our written request, you shall promptly return or securely destroy all documents and materials containing Confidential Information, save that you may keep one copy for legitimate regulatory, insurance or record-keeping purposes only.

14.4.         This clause 14 survives expiry or termination of the Contract.

15.              Data Protection

We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679) and the Data Protection Act 2018. We will only use your personal data as set out in our privacy and cookie policy, available on our website.

16.              Limitation of Liability

16.1.         Nothing in this Contract shall limit or exclude either party’s liability for death or personal injury caused by its negligence or that of its employees or agents, for fraud or fraudulent misrepresentation, for the wilful misconduct or deliberate default of either party or that of its employees or agents, or any other form of liability which cannot be limited or excluded by law.

16.2.         Subject to clause 16.1 and to any other provision to the contrary in this Contract, neither party shall be liable for any loss suffered by the other, whether suffered directly or indirectly, or whether immediate or consequential, arising in contract, tort (including negligence), breach of statutory duty, or otherwise, which falls within any of the following categories:

16.2.1.    loss of profits;

16.2.2.    loss of sales or business;

16.2.3.    loss of business opportunity;

16.2.4.    loss of agreements or contracts;

16.2.5.    loss of anticipated savings;

16.2.6.    loss or corruption of data;

16.2.7.    loss of, or damage to, goodwill;

16.2.8.    indirect or consequential loss; or

16.2.9.    special damages, even in the event that the relevant party was aware of circumstances in which the same could arise.

16.3.         Nothing in this clause 16 shall exclude claims for direct financial loss that are not expressly excluded by clauses 16.2.1 to 16.2.9.

16.4.         Subject to clause 16.1, our total liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a sum equal to the Price.

17.              Termination

17.1.         We may terminate the Contract, in whole or in part, with immediate effect by written notice to you if:

17.1.1.    you fail to pay any amount due under the Contract within 14 days after receiving a written payment demand;

17.1.2.    you commit a material breach of the Contract which is incapable of remedy, or, if capable of remedy, you fail to remedy the breach within 14 days after receiving written notice to do so;

17.1.3.    you become insolvent, enter liquidation, have a receiver or administrator appointed, propose any voluntary arrangement with creditors, or any analogous event occurs in any jurisdiction;

17.1.4.    you suffer a change of control (as defined in section 1124 Corporation Tax Act 2010) that, in our reasonable opinion, is likely to prejudice our interests; or

17.1.5.    a Force Majeure Event (clause 18) prevents performance for more than 90 consecutive days.

17.2.         You may terminate the Contract by written notice if we commit a material breach that (a) is incapable of remedy, or (b) if capable of remedy, is not remedied within30 days after you give written notice specifying the breach and requiring its remedy.

17.3.         On expiry or termination of the Contract for any reason:

17.3.1.    all amounts properly invoiced by us become immediately due and payable;

17.3.2.    we may invoice for Goods manufactured or Services performed but not yet invoiced (including work-in-progress and committed raw-material costs);

17.3.3.    your right to resell or otherwise deal with any Goods for which title has not passed under clause 6 ends immediately, and we may enter your premises during normal business hours to recover such Goods;

17.3.4.    you shall, on request, return or destroy our Confidential Information in accordance with clause 14; and

17.3.5.    clauses which by their nature are intended to survive (including confidentiality, intellectual-property, limitation of liability, warranties, title-retention and dispute-resolution clauses) shall continue in full force.

17.4.         Termination or expiry of the Contract does not affect any rights, remedies, obligations or liabilities of either party that have accrued up to the date of termination.

18.              Events Outside Our Control

18.1.         We will not be liable for the consequences of any events that are outside of our reasonable control (Force Majeure Event) and which includes, but is not limited to:

18.1.1.    civil commotion, civil war, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war or threat or preparation for war;

18.1.2.    acts of God, collapse of buildings, fire, explosion, inclement

18.1.3.    weather, storm, flood, subsidence, drought, epidemic or natural disaster;

18.1.4.    impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport;

18.1.5.    impossibility of use of public or private utility networks or telecommunications;

18.1.6.    the acts, decrees, legislation, regulations or restrictions of any government, whether national or local; or

18.1.7.    strikes or labour unrest (other than in relation to our own employees).

18.2.         The obligations of the parties under this Contract are suspended for the period for which such a specified event continues, and extended for the duration of that period.

19.              Transfer of Rights and Third Parties

19.1.         We may transfer our rights and obligations under this Contract to a suitably qualified third party of our choosing. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Contract.

19.2.         You may not transfer your rights and obligations under this Contract to any other person without our consent.

19.3.         This Contract is between you and us. To the extent permitted by law, no third party has any rights to enforce any of the terms of this Contract.

20.              General Legal Terms

20.1.         Entire Agreement: This Contract and the documents referred to in it constitute the entire agreement between the parties and supersede any previous agreements between the parties relating to the subject matter of this Contract. All terms and conditions of you, the customer, are hereby excluded. 

20.2.         Warranties: Each of the parties acknowledges and agrees that in entering into this Contract, and the documents referred to in this Contract, it does not rely on, and shall have to remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in this Contract as a warranty, and the only remedy available to a party for breach of any warranty, will be breach of the contract under the terms of this Contract. Nothing in this clause will, however, operate to limit or exclude any liability to fraud. 

20.3.         Variation: No modification, change, variation or amendment of this Contract shall be binding on the parties unless it is recorded in a written document which is signed on behalf of that party by an authorised representative of that party. 

20.4.         Waiver: The failure by any party to exercise, or the delay by any party in exercising, any right, power, privilege or remedy provided by this Contract or by law will not constitute a waiver thereof nor of any other right, power, privilege or remedy. No single or partial exercise of any such right, power, privilege or remedy will preclude any further exercise thereof or the exercise of any other right, power, privilege or remedy.  

20.5.         Invalid Terms: If any provision of this Contract will be held invalid or unenforceable, it will be deemed to be severable, and the remainder of this Contract will remain valid and enforceable to the fullest extent permitted by law. In any such case, the parties will negotiate in good faith with a view to agreeing one or more provisions which may be substituted for such invalid or unenforceable provision in order to give effect, so far as practicable, to the spirit of this Contract. 

20.6.         Notices: All notices under this Contract shall be in writing and served by email. We will use the email address associated with your Order, and you can contact us at as hello@horstad.com. Delivery by email will be regarded as completed at the time of transmission. This arrangement does not apply to the service of any documents in legal proceedings, which cannot be validly served by email.

20.7.         Third Party Rights: This Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any term of this Agreement.

20.8.         Governing Law and Jurisdiction:  This Contract (and all claims and disputes arising hereunder) will be governed by and construed in accordance with Scots law, and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.

21.              Contact Us

21.1.         If you need to write to us, you may do so at:

HÖRSTAD

Unit TS3 Telford Square Houston Industrial Estate

Livingston EH52 5PQ

21.2.         If you need to call us, you may do so by calling:

01506 379258