Name of company:
We Chill It Air Conditioning & Refrigeration Ltd
Registered office
Murco Petrol Station,
Jacksons Garage,
Summer Lane, Newtown
Birmingham, B19 3QG,
United Kingdom
Contact details
Tel: 07854 995207 E-Mail: info@wechillituk.com
Company Registration No.
VAT No.
TERMS AND CONDITIONS OF SALE
DEFINITIONS
In these Terms: "the Customer'' means any party with whom the Company contracts: "the Company" means We Chill It
Air conditioning & Refrigeration Ltd; "the Goods" means the goods supplied by the Company
to the Customer under the contract on the basis of these Terms {"the Contract").
1. BASIS OF THE SALE
1.1 No order submitted by the Customer shall be binding on the Company unless and until it is accepted over the telephone by an authorised representative of the Company and/or confirmed in writing by the Company.
1.2 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Company and the Customer.
1.3 Any quotation given by the Company is an invitation to the Customer to place an order only within 30 days of the quotation date or such time as is agreed.
1.4 These Terms shall govern the Contract to the exclusion of any other terms and conditions subject to which an order is made or purported to be made by the Customer.
1.5 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order including any applicable specifications.
1.6 No order which has been accepted by the Company may be canceled by the Customer except with the Company's agreement and on the basis that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs and expenses incurred by the Company as a result of such cancellation.
2. PRICE
2.1 The price of the Goods {"the Price") shall be the price agreed by the Company and the Customer.
2.2 All prices quoted by the company are exclusive of Value Added Tax.
2.3 All prices quoted are valid for 30 days only or until earlier acceptance by the Customer after which time they may be altered by the Company giving notice to the Customer.
2.4 The Company reserves the right, by giving notice to the Customer at any time before delivery, to increase the prices of the goods to reflect an increase of the costs to the Company which is due to any factor beyond the control of the Company.
3. PAYMENT TERMS
3.1 The Price shall be payable net cash and as per agreed time/schedule between the Company and the Customer.
3.2 If the Customer fails to make any payment by or on the due date the Company shall be entitled to charge interest at the rate of 8% above the Bank of England base rate plus compensation as per the Late Payment of Commercial Debts Act 1998 from the due date until the date of payment.
3.3 The Customer agrees to indemnify the Company for all costs and expenses which it may incur (including any legal costs) in recovering any unpaid sum.
3.4 The Company reserves the right at any time in its absolute discretion to demand and receive immediate payment in respect of any order whether due or not.
3.5 The Customer must inform the Company about any loss, damage or query giving rise to a claim or non-payment within 7 days of the date of delivery and confirm it by notice in writing within 14 days of the date of invoice.
3.6 Unless the Customer has an approved credit account with the Company, all Goods must be paid for prior to collection/installation. If the Customer wishes to open a credit account with the Company a completed credit account application form must be submitted for the Company's consideration.
3.7 If the Customer has an approved credit account the Company shall invoice the Customer for the Price of the Goods on or at any time after delivery or collection of the Goods and the Customer shall pay the Price of the goods without deduction by way of set off or otherwise within one calendar month from the last day of the month in which they were supplied.
4. DELIVERY
4.1 Delivery of the Goods shall be made to the Customer either by collecting the Goods at the Company's premises or, if a place for delivery is agreed by the Company, it will be delivered by the Company.
4.2 In the event of any Goods being delivered at the Customer's request by installments, each installment shall be the subject of a separate Contract, on the basis of these Terms.
4.3 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods. Time for delivery of the Goods shall not be of the essence unless previously agreed by the Company in writing.
4.4 The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
4.5 If the Company is unable to deliver the Goods due to circumstances beyond its control or if the Customer fails to take delivery of the Goods on the date named by the Company for delivery for whatever reason then, without prejudice to any other right or remedy available to the Company, the Company may (on giving the Customer notification of readiness to deliver) store the Goods until actual delivery and charge
the Customer for the reasonable costs {including insurance) of storage & Haulage.
4.6 The Customer shall ensure that the Company's delivery vehicle shall have proper access to any agreed delivery site. The Company will not deliver Goods over roads or grounds that in the Company's (or its authorised representative's) opinion is considered to be unsuitable. The Customer shall indemnify the Company in respect of all costs, claims, losses or expenses which the Company may incur as a result of
delivery to the Customer's delivery site or any other place subsequently nominated by the Customer for delivery.
4.7 "Delivery to Site" shall mean the delivery of a full load to any agreed delivery site subject to access to the delivery site being suitable for the Company's delivery vehicle (as mentioned in clause 5.5) with the load thereon as to which the opinion of the Company's driver shall be final. The Customer shall be responsible at its own expense for providing whatever assistance is required for the unloading of the Goods from the
delivery vehicle at any agreed delivery site.
4.8 No claim by the Customer for damage in transit or shortage of delivery of Goods during delivery will be entertained by the Company unless the Company is notified in writing with full details of the damage or shortage within 2 days of receipt of the Goods.
5. CONFIDENTIALITY
All information supplied by the Company in any form {other than information in the public domain) is supplied in confidence and must be used by the buyer for any other purpose than the Order and must not be disclosed to any other party without the Company's express written consent and then only on conditions equivalent to this condition and with an express notification that the information was provided for the
buyer only and is not intended to be relied upon by any other part.
6. CLAIMS FOR DEFECT
6.1 The Customer shall inspect the Goods on delivery and shall within two working days of delivery, notify the Company in writing of any alleged defect, shortage in quantity, damage or failure to comply with description or sample (save where such defect is not reasonably apparent from an initial inspection or testing). If the Customer fails to comply with these provisions the Goods shall be presumed to be in accordance with the Agreement and free from any defect or damage which will be apparent on a reasonable inspection of the Goods and the Customer shall be deemed to have accepted them.
6.2 The Customer shall notify in writing the Company of any non-delivery of the whole consignment within 14 days of the date of dispatch as stated on the invoice or as soon as reasonably possible thereafter.
7. RETENTION OF TITLE AND RISK
Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 In the case of Goods to be collected by the Customer from the Company's premises at the time when the Customer collects the Goods; or
7.1.2 In the case of Goods to be delivered by the Company at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of
the Goods.
7.2 Until full payment has been received by the Company for all Goods whatsoever supplied at any time by the Company to the Customer:
7.2.1 Property in the Goods shall remain in the Company and the Customer shall hold them as the Company's bailiff and fiduciary agent;
7.2.2 The Customer shall keep the Goods properly housed and protected and shall store them separately and in such a way that they can be readily identified as being the Company's property and the Customer agrees that any Goods of a particular make and type distributed by the Company shall be presumed to have been supplied by the Company unless the Customer can prove to the contrary;
7.2.3 The Customer must at its own expense insure and keep insured all Goods which are the Company's property against all the risks which it would be prudent to insure against with a reputable insurance company and must, if the Company so requests cause the Company's interest to be noted on the policy or policies of insurance which shall be made available to the Company for inspection;
7.2.4 The Customer may sell the Goods in the ordinary course of business and on commercially reasonable terms.
7.3 Where the Goods are situated on a third party's premises the Customer shall oblige such third party to ensure that at all times the Customer is in compliance with its obligations under 7.2.2 above and to agree to permit the Company to enter upon the third party's premises and remove the Goods should the Company have revoked the Customer's authority to sell them.
7.4 The Company may at any time by written or oral notice revoke as to all or any Goods not previously sold by the Customer the authority given to it under Clause 7.2.4. Upon such revocation the Customer shall hold such Goods to the Company's order; shall not dispose of them in any way without the Company's consent and shall permit the Company to enter upon any premises where the Goods are located and to recover the same.
7.5 The proceeds of any Goods disposed of with the Company's consent after such revocation shall be transferred to the Company absolutely without any deduction whatsoever, the Customer having no interest in them or in any part of them, and until such transfer shall be held on trust for the Company as its absolute property. Such proceeds shall be kept separate from the Customer's own monies and from all other
accounts (the Customer being required to open a separate account for receiving such proceeds of sale and to notify the Bank where the account is held of the Company's interest in the proceeds of sale). When the Company has actually received payment for the Goods so disposed of the Company shall credit the Customer's account with an amount equal to such a payment, appropriating it in such manner as the Company
shall choose.
7.6 For the purpose of Clause 7.5 "proceeds" means money, right or other thing tangible or intangible, received in exchange for the goods.
