Terms and Conditions
TERMS AND CONDITIONS OF SALE
PREAMBLE
1. These general conditions shall apply save as varied by specific agreement in writing and if these conditions conflict with any conditions of the Purchaser, these conditions shall prevail.
FORMATION OF CONTRACT
2. The contract of sale shall be concluded by the issue of an invoice or delivery note by the Company containing these conditions and any representative of the Purchaser shall be deemed to have authority to contract on such items.
DESCRIPTION OF GOODS
3. All data included in catalogues, circulars, the Company website, advertisements and price lists of the Company shall be deemed to be approximate only.
DELIVERY
4.1 Delivery is free of charge by next working day transport to most UK mainland addresses for orders over £50.00 net value excluding VAT. This excludes Ireland and most UK offshore islands where delivery is chargeable at cost. Refer to our current delivery schedule which forms part of these Terms and Conditions of Sale and is published on our website for full details.
4.2 For orders under £50.00 net value excluding VAT, delivery is chargeable.
4.3 Timed deliveries and weekend deliveries are subject to delivery surcharges as shown on our current delivery schedule which forms part of these Terms and Conditions of Sale and is published on our website.
4.4 Except as provided in clause 4.6 delivery of the goods shall take place when they are actually delivered to the Purchaser or their representatives or to the Purchaser’s premises when the risk as to loss and damage in respect of the goods shall pass to the Purchaser.
4.5 Late delivery of goods does not entitle the Purchaser to do any of the following:
4.5.1 reject the goods;
4.5.2 terminate the contract;
4.5.3 withhold payment.
4.6 If the Company is unable to deliver the goods because the Purchaser has not provided appropriate instructions, information, documents, licences or authorisations, delivery of the goods shall be deemed to have taken place on the day the Company would have delivered them.
4.7 Risk in the goods passes to the Purchaser on delivery.
PAYMENT
5.1 Prices are exclusive of VAT. Cleared funds shall be required prior to despatch of goods unless the Company has previously agreed credit terms.
5.2 In order to assess credit limits, the Company may conduct searches on companies and their directors and/or proprietors.
5.3 Our standard payment terms for credit accounts are end of month following despatch. Any variation must be agreed and accepted by the Company prior to despatch.
5.4 Where no customer credit agreement exists, goods will not be reserved from stock or ordered from suppliers until payment has been received in full.
5.5 The Company reserve the right to change credit limits and terms unilaterally for any future orders.
5.6 In cases where a payment method attracts bank charges, such as credit cards, the Company reserves the right to recover these costs via invoicing in the month following the transaction.
5.7 Without prejudice to any other remedy available to the Company if payment is overdue, payment for all goods by the Purchaser to the Company shall become payable immediately and interest as allowed by the Late Payment of Commercial Debts (Interest Act 1998) shall be chargeable from the date of invoice and the Company may recover the goods as set out in clause 6.4.
TITLE AND RISK
6.1 Ownership of the goods remains with the Company and will not pass to the Purchaser until one of the following events occurs:
6.1.1 the Company is paid for all the goods and no other amounts are owed by the Purchaser in respect of other goods supplied by the Company.
6.1.2 the Purchaser sells the goods in accordance with these conditions in which case ownership will pass to the Purchaser immediately before the goods are delivered to the Purchaser’s customer.
6.2 Where the goods are attached to or incorporated in other goods or are altered by the Purchaser, ownership of the goods shall not pass to the Purchaser by virtue of the attachment, incorporation or alteration if the goods remain identifiable and, when attached or incorporated in other goods, can be detached or removed from them.
6.3 The Purchaser must store the goods separately from any other goods until one of the following events occurs:
6.3.1 they become the Purchaser’s property; or
6.3.2 they are attached to or incorporated in other goods; or
6.3.3 they are delivered to another buyer by the Purchaser.
6.4 If the Purchaser is overdue in paying for the goods or any other goods supplied by the Company, the Company may, if still the owner of the goods, recover and resell them. The Company may enter the Purchaser’s premises for this purpose and may, if necessary, detach or remove the goods from any other goods. This does not affect any other right of the Company.
6.5 Until the Purchaser has paid the Company for all goods which the Company has supplied to the Purchaser:
6.5.1 if the Purchaser sells the goods, the Purchaser shall hold the proceeds of sale on trust for the Purchaser in a separate bank account;
6.5.2 the Company may trace the proceeds of sale that the Purchaser receives into any bank or other account which the Purchaser maintains;
6.5.3 if the Purchaser sells the goods, the Purchaser may, by written demand, require the Purchaser to assign to the Company the Purchaser’s rights to recover the price from its buyer; and
6.5.4 the Purchaser must not assign to any other person any rights arising from a sale of the goods without the Company’s consent.
GUARANTEE AND WARRANTY
7.1 The guarantee period shall be 12 months from the date of invoice, except in cases specified in the current warranty schedule published on the Company website and available with these Terms and Conditions of Sale.
7.2 During such period the Company shall remedy any defects in the goods arising out of defective materials and/or workmanship provided that the Purchaser on discovering a defect shall give immediate notice verbally and in writing of such defects to the Company.
7.3 Immediately after giving such notice, the Purchaser shall return the defective goods (or any part thereof) to the Company at the Purchaser’s risk and expense.
7.4 The Company shall repair or replace the goods within a reasonable period or at the option of the Company the invoiced price of such goods shall be refunded to the Purchaser thereby discharging the Company from any further liability for any consequential loss or other damages whatever. After repair or replacement the goods shall be guaranteed for the remainder of the original guarantee period only.
7.5 The Company shall not be liable if the defects result from misapplication, misuse or other fault of the Purchaser in relation to the storage, handling, application or use of such goods (without prejudice to any term implied by law).
7.6 The Company shall endeavour to supply products suitable for the Purchasers requirements but shall not be under any liability for failure of a product where no or incomplete or incorrect technical or other information as to its application or usage has been supplied.
7.7 If the goods are covered by a supplier’s or manufacturer’s guarantee the terms of such guarantee shall be deemed to be accepted by the Purchaser in substitution for the foregoing guarantee. The Purchaser shall be responsible for ascertaining which guarantee provisions apply.
7.8 These warranties and guarantees shall not apply if the Purchaser is in breach of these terms and conditions including the obligation to make payment.
7.9 Nothing in these conditions limits the Company’s liability for personal injury or death arising from the negligence of the Company, its representatives or employees.
RETURN OF GOODS
8.1 If the Purchaser wishes to return non-defective unused goods to the Company the Company may at its discretion accept such goods and credit the Purchaser with the price paid by the purchaser for the goods less a restocking charge of 20% of the price paid provided that the goods are returned in a new condition suitable for resale.
8.2 The Company will not accept returns of spare part sales from any product line.
8.3 In cases where non-defective unused goods have been returned and replacement products are ordered, the Company will apply a shipping charge to the replacement order.
8.4 All returns should be sent to our Birmingham branch after confirmation has been issued by the Company agreeing to accept the return.
CANCELLATION
9.1 The Purchaser is not permitted to cancel this contract except if the Company commits a material breach of its obligations under the contract or with the written consent of the Company.
9.2 If the Company consents to cancellation under clause 9.1 the Purchaser shall indemnify the Company for all liquidated damages and losses incurred as a result of the cancellation.
INSOLVENCY
10. If the Purchaser:
10.1 being a company;
10.1.1 has a petition presented for its winding up; or
10.1.2 passes a resolution for voluntary winding-up (other than for the purpose of a bona fide amalgamation or reconstruction); or
10.1.3 enters into a voluntary arrangement with its creditors; or
10.1.4 becomes subject to an administration order; or
10.1.5 has a receiver appointed of all or any of its assets; or
10.2 being an individual or firm;
10.2.1 becomes bankrupt or insolvent; or
10.2.2 enters into a voluntary agreement with creditors then the Company shall be entitled to treat the contract as being at an end or suspend any further deliveries under the contract. If the goods have been delivered but not paid for, the price shall become due immediately regardless of any previous arrangement to the contrary.
LIMITED LIABILITY
11.1 The Company shall be under no liability if it is unable to perform a contract of sale (including delays in delivery) for any reason beyond its control including Act of God, fire, inclement or exceptional weather conditions, official or unofficial industrial action, hostilities, shortage of labour, shortage of materials, failure of power or other supplies, governmental orders or intervention by any other cause whatsoever of an unexpected and exceptional nature.
11.2 If circumstances under clause 11.1 continue for a period exceeding 3 months the Company may terminate the contract.
MINIMUM ORDER CHARGE
12. The minimum order charge is £25.00 excluding carriage and VAT.
APPLICABLE LAW
13. The law relating to these Terms and Conditions shall be English Law and the Purchaser shall submit to the exclusive jurisdiction of the English Courts.
DELIVERY SCHEDULE
STANDARD NEXT WORKING DAY DELIVERY SERVICE
Our standard delivery service for the UK Mainland for orders over £50.00 net value excluding VAT. Not applicable to Ireland and offshore islands:
Next Working Day: Free of charge
Before Noon: £21.00
Before 10.30am: £29.00
Saturday before noon: £35.00
Saturday before 10.30am: £45.00
Please contact us for availability of services for your specific delivery destination. In some remote areas the service is not next working day and takes approximately three working days. Full in-transit tracking is provided if required with the above services. Additional charges apply for refrigerant cylinders.
LOW VALUE ORDERS
As Standard Next Working Day Delivery Service but for orders under £50.00 net value excluding VAT. Not applicable to Ireland and offshore islands.
Next working day: £10.00 low value order delivery charge
Before noon, before 10.30 am and Saturday services are chargeable at the Standard Delivery Service rates plus the low value order delivery charge.
IRELAND AND OFFSHORE
Includes Northern Ireland, Channel Islands, Isles of Scilly, Isle of Man, Shetland & Orkney, offshore Scottish Islands. Please contact us for availability of services for your specific delivery destination.
All Services: At cost
COLLECTIONS AND LOCAL VAN DELIVERIES
Collections can be made from our branch locations during normal working hours, subject to availability.
Local deliveries using our own vehicles may be available from our Manchester branch.
VAT is applicable to all prices.
WARRANTY SCHEDULE
The guarantee period shall be 12 months from the date of invoice (parts only unless stated otherwise). Extended warranty periods are applicable to the following products:
SCHEDULE OF EXTENDED WARRANTIES
ECO Products: 24 months from date of invoice.
Hisense Units: 36 months from date of invoice.
Hitachi RAC Units: 36 months from date of invoice (Fixed Labour Allowance)
Hitachi PAC Units: 60 months from date of invoice (Fixed Labour Allowance)
J&E Hall Fusion Scroll & Reciprocating: 36 months from date of invoice
J&E Hall JCC Cellar Cooling Systems: 36 months from date o finvoice.
KD Scroll, KD Reciprocating: 36 months from date of invoice.
KD Cellar Star: 36 months from date of invoice.
KD Goliath: 24 months from date of invoice.
KD Evaporators: 24 months from date of invoice.
LG Units & Accessories: 36 months from date of invoice (Fixed Labour Allowance)
LG Spare Parts: 70 days from date of invoice.
IMPORTANT WARRANTY INFORMATION
1. Removal of the warranty number label from a compressor or condensing unit AUTOMATICALLY invalidates the warranty. Please quote the warranty number on any
correspondence. Removal of serial numbers and manufacturers data plates may also invalidate the warranty.
2. Connection stubs on compressors MUST be sealed before return, or warranty will be invalid. All refrigerant contained within the product must be removed
before sealing.
3. Should an “advance warranty replacement,” be requested, this will be invoiced pending the return and processing of the item being replaced. An order will be required for all advance replacements.
4. Warranty procedures on hermetic compressors may involve cutting open the casing, rendering the compressor unusable even if no fault is subsequently found.
5. Warranty items cannot generally be returned to the claimant after the warranty process has commenced, even if no fault is found. In the event that it is possible to return an item, we reserve the right to apply a processing charge.
6. All returns must be accompanied by a warranty returns form, which can be downloaded from our website.
7. When a warranty item is returned to the manufacturer for examination, the manufacturer’s decision on the warranty claim will be conclusive and final.