Conditions of Trading
These conditions shall form the basis of a contract under which we undertake to carry out the work specified in our quotation. In the event of any conflict between these conditions and any conditions contained in our quotation, the latter shall prevail.
Acceptance of our quotation/contract constitutes your consent to these conditions and excludes any other conditions, whether expressed or implied, which are inconsistent with them.
1. Period of Tender
Unless previously withdrawn this tender is conditional upon acceptance in writing within 30 days of the date hereof or such longer period as may be agreed in writing.
2. Access to Site
This tender is conditional or our employees and transport having clear and uninterrupted access at all times to the work site which must be ready for the reception of our materials and plant and ready for our work to be carried out when reasonably required by us.
We shall not be liable to undertake any variation to the work covered by our tender or any extra work unless such variations or extras have been authorised by the customer or his agent and, where practicable, the value of the variations has been agreed. In cases where the value cannot be established or agreed before the variations or extras are carried out, the work shall be undertaken at cost plus a percentage addition to cover overheads and profit as stated in the tender or if not so stated, as are appropriate.
4. Work and Fees not covered in the Tender
This tender covers the items of the specification only and unless expressly stated, does not include the following items.
a) The building, plumbing and electrical work or the associated works of other trades.
b) The supply and erection of scaffolding, ladders, movable platforms or hoisting and lowering gear, necessary for placing in position and erecting plant and equipment properly on site for use on the contract.
c) The cost of operating any part of the installation supplied by us (hereinafter referred to as ‘the installation’), other than attendance necessary for commissioning and testing.
d) The cost of any fuel, water or electricity used on the site.
e) Any fees incidental to the work which are compulsorily payable, by reason of any statute, by-law or regulation.
Any cost incurred by us in providing any of these items is to be reimbursed to us, as an extra to the contract, together with an allowance for overheads and profit.
5. Terms of Payment
The Customer agrees to pay all charges within 30 days of the date of invoice and in the event that these remain unpaid:
interest shall be payable at the rate of 1.5% per month or part of a month and the Company shall be entitled to withdraw all services forthwith without prejudice to any pre-existing rights.
The property in unfixed materials shall not pass until all applications for payment shall have been paid in full. All materials on the site fixed or unfixed are at the sole risk of the customer and in the event of them being damaged, destroyed or stolen we shall be entitled to full payment thereof and also for any work damaged, destroyed or lost. The cost of replacing such materials and of reinstating or restoring any such work shall be charged as an extra provided that the customer shall not be responsible for any loss occasioned solely by the negligence of our employees.
In place of any other conditions and warranties otherwise imposed or implied by statute or as a matter of law we undertake to repair or at our option, replace free of charge, any parts of the installation which, under proper use, become defective as a result of faulty manufacture or workmanship within twelve months of the mechanical parts of the plant being commissioned. We reserve the right to charge for any labour mileage and expenses involved in diagnosing defective parts, or in removing or replacing such parts.
a) We accept no responsibility for any drawings, designs or specifications not prepared by us and submission of this tender does not constitute any warranty, guarantee, representation or opinion of the practicability of construction or of the efficacy, safety or otherwise of materials to be supplied or work to be executed by us in accordance therewith. The cost of any additional work caused by defects in any such drawings, designs or specifications shall be chargeable as an extra.
b) We shall not be liable for any loss or damage arising directly or indirectly as a consequence of any defect in the installation except when such loss or damage is occasioned solely by the negligence of our employees and we shall not be liable in respect of any defect which may occur in any previously existing equipment to which the installation may be connected.
c) We shall not be liable for any loss or damage direct or indirect nor for any extra work entailed due to the installation being put into operation by the customer or by us at his request before it is handed over for beneficial use.
d) This warranty is given on the understanding that maintenance of the installation has been carried out in accordance with the instructions issued by us and that any fault is reported promptly.
8. Third Party Liability
We shall not be liable for any claim whether brought against the customer or against us either under any stature or at common law by any person arising from any cause other than our negligence or that of our employees and the customer shall indemnity us against any such claim and the costs of any legal proceedings.
9. Compliance with Law and Government Regulations
Acceptance of this tender constitutes a warranty and representation by the customer that he has complied with every applicable statute, order-in-council, regulation or direction, bye-law or other lawful requirement or instruction, whether of the government or any local or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work.
If any dispute or difference shall arise between the parties, hereto in respect of any provisions of this agreement, the same shall be referred to the decision of a sole arbitrator to be mutually agreed upon or failing agreement to be appointed by the president for the time being of the Institute of Arbitrators. The submission shall be subject to and in accordance with the Arbitration Act, 1959, or any statutory modification or re-enactment thereof for the time being in force.
a) The above conditions shall apply not only to this tender (if accepted) but to all orders subsequently placed with us by or on behalf of the same customer.
b) All quotations are strictly net.
Shipping of standard filters will take 5 – 7 working days, beginning on the next working day. Shipping of non-standard filters will take 10 – 12 working days, beginning on the next working day.
13. Refunds & Returns
All deliveries must be inspected on delivery. If you wish to make a return for whatever reason, please call our Harrogate office on 01423 506515 and have the product(s) shipped within 14 days to:
Air Conditioning Services (UK) Limited
Colber House Farm,
We will process the refund when we receive the returned products.
14. Company Details
Air Conditioning Services (UK) Limited
Company number: 08460630
Registered office address: 44 Cheltenham Mount, Harrogate, North Yorkshire, HG1 1DL
Phone number: 01423 506515
Email address: firstname.lastname@example.org