TERMS AND CONDITONS OF SALE - Cooleasy Ltd

IMPORTANT INFORMATION 1. DELIVERIES: All deliveries unless advised otherwise in writting MUST be opened (de-boxed) in front of the driver prior to signing for the goods, and inspected for damage. If any damage is found it MUST be signed for as "damaged". If this procedure is not followed you will NOT be insured for any loss. All damage claims MUST be reported within 24 hours of delivery. Standard delivery means 5 working days from placing the order. Items will be delivered using a courier service or pallet service depending on the total weight of the order. Lightweight/low value items are normally despatched by 1st Class Post. Full details available upon request. Please contact us if you have any special delivery requirements eg delivery via taillift vehicles, weekend deliveries, timed deliveries etc. 2. PAYMENT TERMS are strictly net 30 days monthly account for approved credit customers, otherwise Bank Transfer, Cash/Cheque or approved Debit Cards. Credit card will incure a 2% fee. 4. CURRENT PRICES at time of despatch apply to all orders. 5. WARRANTY normally 12 months from date of invoice for air conditioning units (Parts only).

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, advertisements, Websites and price lists of the Company shall be deemed to be approximate only.

DELIVERY
4.1 Except as provided in clause 4.3 delivery of the goods shall take place when they are actually delivered to the Purchaser or his 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.
4.2 Late delivery of goods does not entitle the Purchaser to do any of the following:
4.2.1 reject the goods;
4.2.2 terminate the contract;
4.2.3 withhold payment.
4.3 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.
4.4 The seller may deliver by instalments in such quantities as it may reasonably decide; such instalments shall be separate obligations and no breach in respect of one or more of them shall entitle the Buyer to cancel any subsequent instalments or repudiate this contract as a whole.
4.5 Risk in the goods passes to the Purchaser on delivery.

PAYMENT
5.1 Prices are inclusive of V.A.T.
5.2 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 eccordance 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 identifi able 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 peying 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.
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 retum 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 or other damages except that after repair or replacement the goods shall be guaranteed lor the remainder of the 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. If the Purchaser wishes to return non-defective unused goods this must be done within 7 days of the purchase. The Company must be contacted by either telephone or email and a returns number will be issued, without a returns number the goods will not be accepted back into stock. We would also recommend you use a "registered service" ie: Royal Mail Business Post or similar courier as goods will not become our responsibility until signed for by a member of our staff.
8.1 You the customer are liable for the cost and safe return of the goods irrespective of the stipulated return period. A full refund less postage and restocking fee (£47 inc VAT per unit) will then be credited to the original method of payment. This does not affect your statutory rights.
8.2 All goods must be in the original packaging and in a condition to be resold as new.
8.3 All damage claims MUST be supported by photographic evedence prior to any claims being processed.

CANCELLATION
9.1 If the Company consents to cancellation under clause 8.0 the Purchaser shall indemnify the Company for all liquidated damages and losses incurred as a result of the cancellation.

TRAINING
10.1 On booking of any training a 50% non refundable deposit must be paid via debit/credit card. 7 days prior to the start of any training the remaining 50% must be paid, this will be done automatically from the original card payment. Alternative payment methods accepted by prior arrangement only.

• Delegates will receive emailed confirmation of training course/assessment time, date and venue.
• Delegates from the same Company may be substituted by prior arrangement.
• For cancellations received in writing more than 7 days before the start date of the course the deposit will be held for an alternative late booking date.
• For cancellations received in writing less than 7 days before the start date of the course payment must be made in full .
• Although training courses/assessments are programmed on published dates, if due to circumstances beyond our control these need to be altered, we reserve the right to re-arrange as mutually convenient.
• We reserve the right to cancel any training course/assessments for whatsoever reason. In the event of such cancellation the liability of Cooleasy Ltd will be limited to a refund of the course fee if an alternative arrangement cannot be made.

INSOLVENCY
11. If the Purchaser:
11.1 being a company;
11.1.1 has a petition presented for its winding up; or
11.1.2 passes a resolution for voluntary winding-up (other than for the purpose of a bona fi de amalgamation or reconstruction); or
11.1.3 enters into a voluntary arrangement with its creditors; or
11.1.4 becomes subject to an administration order; or
11.1.5 has a receiver appointed of all or any of its assets; or
11.2 being an individual or firm;
11.2.1 becomes bankrupt or insolvent; or
11.2.2 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
12.1 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, f re, inclement or exceptional weather conditions, official or unoffk:ial 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.
12.2 If circumstances under clause 11.1 3 months the Company may terminate the contract.

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. continue for a period exceeding

WARRANTY CLAIMS MUST GIVE DETAILS OF PURCHASE DATE AND FAULT, AND:
1. Should you request an “advance warranty replacement,” this will be invoiced pending the return and processing of the item being replaced.
2. Returned items must be accompanied by a completed Warranty Goods Return Form or a Faulty on Installation (DOA) Returns Form (both forms available on request. DOA (Dead On Arrival) is defined as start up day plus 2 days. NOTE PLEASE THAT FAILURE TO PROVIDE SUFFICIENT INFORMATION MAY RESULT IN WARRANTY CLAIMS BEING DELAYED OR REFUSED.
3. We aim to process all warranty returns within 28 days of receipt whenever possible.