Be Cool Refrigeration – Air Conditioning & Refrigeration London
Terms & conditions
BASIC PRINCIPLES AND SCOPE OF APPLICATION
These Terms and Conditions apply as legal basis for all contracts for the delivery of goods and provision of services by Be Cool Group UK Ltd of Office 7, 35/37 Ludgate Hill, London, EC4M 7JN to its customers regales of B2B or B2C transactions.
Deviations from these Terms and Conditions shall only be effective if accepted in writing by us. Terms and conditions of purchase or other terms and conditions submitted by the Customer are expressly deemed to be waived.
QUOTES & CHARGES
a) The quoted price is valid at the time of quotation, but may have increased if your order is placed at a later date and in any event is always subject to installation taking place within 14 days of the contract unless agreed otherwise. The price of any equipment and resources used by us are charged at current rates set by us the supplier.
b) We have quoted the cost of installing, servicing or repairing air conditioning or refrigeration equipment’s as discussed with you. Once a quotation is accepted, we agree to install, repair or service the equipment’s to the maximum of our capability and the full potential of your systems being repaired/diagnosed on the terms set out in these conditions.
c) The acceptance of a quotation for Goods and/or Services by the Supplier constitutes an offer by the Client to purchase the Goods and/or Services specified in it on these Conditions and is deemed liable to pay for all services. No offer placed by the Client shall be accepted by the Supplier other than;
(a) By an acknowledgement of order being issued by the Supplier; or
(b) (if earlier) by the Supplier delivering the Goods or starting to provide the Services,
when a request for the supply and purchase of those Goods and/or Services on these Conditions will be established.
d) Cancellation of contract/services: Seller may terminate this Agreement by giving written notice to Buyer at any time or by mutual agreement. In the event, funds have been received the buyer is eligible for a partial refund mince cost of any service/goods ordered/completed. A minimum restocking fee of 25% is applicable on all orders.
DESIGN & EQUIPMENT SELECTION
The suggested equipment is based on information provided by you. Where data was not available we have made what we believe to be reasonable assumptions. It is your responsibility to ensure that the equipment is appropriate for your requirements by appointing a competent mechanical consultant to carry out any design requirement and develop specifications. We exclude design liability.
Under no circumstances shall we be liable by virtue of warranty or otherwise for any special, indirect, secondary, or consequential damages of any nature arising out of any errors, omissions, defects, or failures in the Design. We make no representations or warranties with respect to the Design.
HOURS
All work set out in the quotation will be carried out during normal working hours, which are 9.00am-5.00pm Monday to Friday, unless otherwise stated. Access to your premises is required while work is in progress and is your responsibility to provide this.
ADDITIONAL COSTS MAY BE INCURRED IF:
a) An engineer has attended customer site before 5pm but exceeds 5pm, customer will be liable to pay overtime rates as shown on the price list.
b) Variations or additions not stated before commencing of undertaken works which we find to be necessary and which could not have been identified when the original quotation or survey was given.
c) We have to remove any dangerous waste material, such as asbestos and other, which could not have been reasonably foreseen when the original quotation was given and we became aware of only when installation/service commences.
d) For any reason we cannot gain access to site, resulting in delays or we have been called out and a cancellation is made if an engineer has or has not reached site yet. Agreed work is postponed after a cancelled call out, altered specifications and on site cancellations of works. You will still be charged as normal which will be 1 hour compulsory and time thereafter spent on site plus any other charges that apply such as congestion charging &/or parking.
e) You cancel your appointment. In all these cases we will explain to you the reasons for the additional costs and will agree with you in advance what the additional costs will be.
f) If an Installation takes place and is semi or fully installed but the customer decides to change their mind about specification and systems please note that we have a no returns policy on all equipment and will be re-charged for a re-quotation of different specification. The original quote cost for labour may vary according to the specification. You the customer will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly. Additional charges will apply to installations where works are delayed as a result of client error.
g) You cancel your order. We have a no returns policy, meaning no refund or exchange will be allowed unless agreed otherwise.
MAINTENANCE CONTRACTS
a) The company will not accept liability for delays outside its control, including fire, war or adverse weather/traffic conditions. If this situation should arise, we will advise you of an alternative service/fitting date.
b) All units under Maintenance contract of Be Cool Group UK Ltd are covered by the time prescribed and agreed upon including agreed contractual rates for breakdowns and parts and resources set at current rates. Abuse of units including vandalism, fire, excessive damage by water, war, extreme ambient temperatures or riot are not covered by the maintenance contract. In the event of service and repairs becoming necessary as a result of such causes the cost thereof shall be charged to the Customer.
c) All Maintenance contracts are signed by both us the supplier and you the buyer with a maintenance contract which will include your asset list, agreed costs and terms of service. Payment terms of contract to be agreed with us including service interval dates. Any evidence of another contractor having performed works on any asset covered by us shall automatically make our contract agreement void. No compensation of remaining service shall be expected by us the supplier. Cancellations of contracts should be made to us in writing and in such circumstances the customer is not entitled to any refund.
d) Times and dates are variable and will be booked according to customer request. PPM maintenance will usually be pre booked in a month in advance or when possible.
e) Payment of PPM maintenance contracts are usually payable in full unless otherwise agreed and accepted by our company Director.
INVOICING, PAYMENTS & LATE PAYMENTS
a) You the customer understand and knowledge that a non-refundable deposit/ down payment shall be covered in full before work commences. The down payment will be set in the quote.
b) The full balance is due on completion of the work as detailed on quote, and a maximum time length of 2 working days is allowed before submission of payments. Any payments submitted after the agreed date will be liable to pay a late payment fee, unless a Credit Agreement with different terms of payment has been signed. In the event that the credit agreement is cancelled, you are liable to pay the balance outstanding immediately.
c) Subject to applicable Data Protection Regulation and our Privacy Policy, all payments shall be made by using the payment details provided to us at the time of contracting. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment processor. Further, you authorise us to deduct such charges against the payment details provided. You will replace the information for any payment details that expires with information for different valid payment details. If you are using a credit card represents and warrants that you are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third-party payment processor is unable to process your payment, we will try to charge 3 more times in the next few days. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
d) Late payments are charged with interest at our own contractual rates set at 12.5% of final billing and is not to be confused with The Late Payment of Commercial debts (Interest) Act 1998 as supplemented and amended by the Commercial Debt Regulations 2002”. These charges will immediately apply when an invoice becomes overdue.
e) We reserve the right to reject any excuse for non payment and will exercise full duty to recover all owed monies including interest. We will be polite in requesting owed monies but will resort to deploying our certified recovery experts in events where either lack of communication/avoidance or any rightfully owed invoice has not been paid. We accept bank transfers. Once a final notice has been raised with added interest the client has 72 hours to make a payment to avoid further action. If this is not paid it will be passed to our debt collectors who will recover our costs and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors)
f) The Client shall be liable to pay to the us the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract.
g) The total price for the Goods and/or Services is due in pounds sterling on the date of the invoice.
h) All amounts due to Be Cool Group UK Ltd shall be paid in full without any retention, deduction or withholding. Client shall not be entitled to assert any retention, credit, set off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part.
i) Any fixed price contained in the quotation excludes packaging, loading, unloading, carriage, insurance and VAT (unless expressly stated otherwise) which the Supplier may add to its invoices at the appropriate rate.
j) Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Supplier the full overdue amount including late payment interest on the due date, the Supplier may
(a) Pass the unpaid debt to our debt collectors who will recover our costs and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors)
(b) Apply to County court to recover all costs. Court & solicitors fees apply.
ADDRESS
Be Cool Group UK Ltd
Office 7, 35/37 Ludgate Hill
London
EC4M 7JN
If you have post to send, It must be sent by recorded delivery or registered post to the above address.
INFORMATION
Information you provide or we hold may be used by us or by our agents.
CREDIT CHECK
In connection with these terms, we may carry out a check with one or more licensed credit reference agencies. They will retain a copy of the search. Payment details of your account will be recorded and may be shared with other organizations to help make credit decisions about you and/or members of your household. This can also be used for debt collection and fraud prevention. This includes those who have moved house and who are in default.
CONTACT
If you have any queries, please contact Be Cool Group UK Ltd.
INSTALLATIONS
a) All systems remain the property of Be Cool Group UK Ltd, until paid for in full. Payments of Installations are agreeable with a non-refundable deposit of the job being paid for upfront and remainders upon completion unless otherwise stated by Be Cool Group UK Ltd. Deposits will be clarified at the time of quotation. Interest rates applies to installation also, if payments have not been paid or submitted late an interest at our current contractual rates set at 12.5% will be added to the final bill.
b) Any obstructions, i.e. Televisions, Furniture, and Computers etc should be moved prior to installation. If in the event this has not been possible, our engineers will move any items obstructing access, but whilst taking reasonable care, neither they nor the Company will accept any liability for damage. Be Cool Group UK Ltd agree to remove major debris and particles caused by drilling and other construction work after an installation of equipment’s but will not offer a deep cleaning service after any installation such as sweeping and mopping of floors.
c) Be Cool Group UK Ltd will install systems to a high standard & all quoted equipment to the best of our ability. We will always advise our customers the recommended equipment for a project, however if the customer requests a more budget option than quoted and is not entirely satisfied after job completion we will not be held responsible for their choice. These may include things such as an undersized unit for an area space that is unable to provide correct sufficiency, sound pressure reduction, physical appearance of a unit placed in an area requested by the customer. The specifications of all equipment’s are given to us by our suppliers.
d) If an Installation takes place and is semi or fully installed but the customer decides to change their mind about specification and systems please note that we have a no returns policy on all equipment and will be recharged for a re-quotation of different specification. The original quote cost for labour may vary according to the specification. You the customer will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly.
e) Additional charges will apply to installations where works are delayed as a result of client error. If installation works are postponed to a date differing from original date, to a weekend or bank holiday you may also incur further charges.
f) Unless specifically stated the following items are all excluded in your installation;
Local authority/Landlord Consent or fees
Any making good or redecoration
Any lifting/access equipment
Any carpentry or building works of any kind
Diamond drilling
Provision of electrical supply & mains connection (unless we have specifically quoted for this)
Electrical Work or Certification
Penetrations to building exterior
Fitting of exterior louvers and attenuated panels
Any out of hours works
Craneage
Condensate Drain Provisions
Any item not specified
g) Condensate pumps are required where gravity drain is not possible. All pump noise levels are rated 21DB or more. We exclude any liability if this is deemed unacceptable by the client.
h) Safe Location Requirement: The Client shall be responsible for providing a safe and suitable location for any lifting operations to be conducted under this contract (“Lifting Operations”). The Client shall ensure that the designated location meets all necessary safety requirements and is suitable for the specific lifting activities to be performed.
PERMITS AND CONSENTS
a) The Customer shall be solely responsible for obtaining any necessary permits, consents, licenses, approvals, or authorizations required for the execution of the agreed-upon works (“Permits and Consents”). This includes, but is not limited to, permits or consents required by governmental authorities, regulatory bodies, or any other relevant entities.
CALL OUT SERVICE
a) Our call out service is not Free, meaning travel time to your site is chargeable by us the supplier. Parking and congestion charging are all charged to our customers. The call-out within normal working hours (Mon-Fri 9 am-5 pm excluding bank and public holiday) only is waived off if a repair can be completed from van stock and on the same visit (exclude emergency call-out).
b) To attend in the event of an involuntary stoppage of the equipment and to make such repairs or adjustments as may, in the Company’s opinion be necessary to obtain satisfactory operation and charge. The cost of any replacement parts involved shall be charged to the Customer.
c) Should it be found necessary as a result of attending engineers inspections to replace/order/use any parts such as oil, oxygen free Nitrogen, refrigerant, cleaning chemicals, fan motors, valves etc the cost of such materials will be charged to the customer at current price list. Equipment used are not negotiable with price.
OUT OF HOURS CALL OUT
a) The company may agree to attend any call out emergency. Hours of operation are from (Mon-Fri 9 am-5 pm excluding bank and public holiday) and call out service is charged.
WARRANTY
The Supplier is not the manufacturer of the Goods, however, where the Client takes out a service contract (as specified in the quotation with Be Cool Group) the Supplier shall Endeavor to transfer to the Client the benefit of the year parts only warranty issued by the manufacturer in respect of the Goods (excludes water pumps).
It is the responsibility of the Client to service any goods/equipment installed/purchased regularly (minimum quarterly) as per the manufacturer’s recommendation to validate their warranty. A record of service is to be retained on all warranty claims.
The Client/Seller is also to comply with the terms applied by the manufacturer.
Note: Ancillary manufacturer parts only warranty may vary.
WARRANTY CLAIM PROCEDURE
If you become aware of a defect as to either material or workmanship, which you believe is covered under the above Limited Warranty (Parts Only), you should promptly notify us, in writing, by submitting a completed warranty request to us. In completing this warranty claim, you should briefly describe the defect and advise us as to which days or times you would typically be available, so that we can schedule a service call appropriately. In the event a warranty claim is upheld, we raise a warranty claim with the manufacture and repair as required and cost of part is payable. Once defective part(s) is/are replaced and send back to the manufacturer, the manufacturer will decide the cause of the fault and reimburse. We will if your warranty claim is approved, process a refund for the part(s) only and invoice you for the relevant labour and ancillary charges. We shall not be required to respond to any warranty service requests that are inconsistent with the above claim’s procedure.
We are not liable for any damages caused by its products or for the failure of its products to perform. This includes any lost profits, lost savings, incidental damages, or consequential damages. We are not liable for any claim made by a third party for a third party. This limitation of liability applies whether damages are sought, or a claim is made, under the above Limited Warranty (Parts Only) or as a tort claim (including negligence and strict product liability), a contract claim, or any other claim. This limitation of liability cannot be waived or amended by any person. This limitation of liability will be effective even if we have been advised of the possibility of any such damages. This limitation of liability, however, will not apply to claims for personal injury. Under no circumstances shall we be liable by virtue of this warranty or otherwise for any special, indirect, secondary, or consequential damages of any nature arising out of any use or inability to use the product. Except as expressly set forth, we make no other warranties, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose. We expressly disclaim all warranties not stated in the above Limited Warranty (Parts Only). Any implied warranties that may be imposed by law are limited to the terms of this limited warranty.
Please Note: As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. You also have remedies if we use materials that are faulty or incorrectly described. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
DELIVERY OF GOODS
a) Unless otherwise agreed in writing by the Supplier, delivery of the Goods shall take place at the Supplier’s address. The Client shall take delivery of the Goods on the date that the Supplier notifies the Client that the Goods are ready for delivery.
b) Any dates specified by the Supplier for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
c) Subject to the other provisions of these conditions the Supplier shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Supplier’s negligence), nor shall any delay entitle the Client to terminate or rescind the Contract.
d) If for any reason the Client fails to accept delivery of any of the Goods when they are ready for delivery, or the Supplier is unable to deliver the Goods on time because the Client has not provided appropriate instructions, documents, licenses or authorizations:
(a) Risk in the Goods shall pass to the Client (including for loss or damage caused by the Supplier’s negligence);
(b) the Goods shall be deemed to have been delivered; and
(c) the Supplier may store the Goods until delivery, whereupon the Client shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
ASSIGNMENT AND SUB-CONTRACTING
You acknowledge that we may, in the rendition of the Services hereunder, engage third party suppliers and other vendors and subcontractors (“Subcontractors”) from time to time to provide certain services.
We shall not be responsible for their failure, acts or omissions, except where such failure, acts or omissions are due to our negligence or willful misconduct.
COMPLAINTS
a) All complaints must be sent in writing to our business address within 3 days of work completion or call-out.
b) We reserve the right to refuse any complaints without providing any explanation.
POSTINGS ON SOCIAL MEDIA OR ANY PLATFORM LISTING OUR COMPANY
(a) You may not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, infringe the rights of any party, or give rise to liability or violation of any applicable law. We may delete your Postings at any time for any reason without permission from you.
(b) Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
(c) We do not monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. We reserve the right, in our sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time.
(d) You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you or arising from or related to any Postings uploaded or submitted by you.
(e) We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
(f) We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Site and any other Sites operated by us or our affiliates and their features.
This Agreement, and any non-contractual obligations arising out of or in connection with this Agreement, shall be governed by and construed in accordance English law.
LIABILITY AND INDEMNITY
In the event that we fail to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to you.
Our total liability for any loss or damage caused as a result of its negligence or breach of this Agreement shall be limited to the fee charged for the relevant Service.
We shall not be liable for any loss or damage suffered by you that results from your failure to follow any instructions given by us.
Nothing in this Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence.
You shall indemnify us against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by us) caused by you or your agents or employees.
Neither Party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
FORCE MAJEURE
No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
In the event that a Party to this Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 30 Days, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of this Agreement.
NO WAIVER
No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
THIRD PARTY RIGHTS
No part of this Agreement is intended to confer rights on any third parties.
NOTICES
All notices under this Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
In each case notices shall be addressed to the most recent address, e-mail address notified to the other Party.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
SEVERANCE
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
GOVERNING LAW AND DISPUTES
This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
Note: You hereby acknowledge our terms & conditions and are legally bound by our terms set as above. Amended 2023.
