Be Cool Refrigeration – Air Conditioning & Refrigeration London
Terms & conditions
The contract of sale or service between the parties shall be governed by these conditions. No other terms or conditions except those which may be implied by law or statute shall be of any effect unless the same are expressly agreed in writing by the parties.
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.
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.
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 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) 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.
d) 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)
e) 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.
f) The total price for the Goods and/or Services is due in pounds sterling on the date of the invoice.
g) All amounts due to Be Cool Group 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.
h) 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.
i) 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.
Be Cool Group Ltd
Office 7, 35/37 Ludgate Hill
If you have post to send, It must be sent by recorded delivery or registered post to the above address.
Information you provide or we hold may be used by us or by our agents.
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.
If you have any queries, please contact Be Cool Group Ltd.
a) All systems remain the property of Be Cool Group 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 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 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 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
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
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.
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.
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 warranty issued by the manufacturer in respect of the Goods (exludes water pumps).
It is the responsibility of the seller/customer to service any goods/equipment installed/purchased regularly (minimum quaterly) as per the manufacturer’s recommendation to validate their warranty. A record of service is to be retained on all warranty claims.
The seller is also to comply with the terms applied by the manufacturer.
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).
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.
Note: You hereby acknowledge our terms & conditions and are legally bound by our terms set as above. Amended 2019.