1. General
a) In these conditions the ‘Company’ shall mean Blue Sky Air Conditioning Ltd.
b) The ‘Buyer’ means the company, firm or person who places an order with the Company or otherwise agrees to buy any goods or services.
c) The ‘Goods’ shall include materials, equipment, spare parts, sold, loaned, or hired out by the company, be they supplied directly or indirectly, repaired, loaned or hired by the Company.
d) The ‘Services’ shall include any and all activities carried out by the Company or any person or organisation engaged by the Company including information, drawings, data, installations, servicing, repair and transport.
e) No agreements shall be effective to vary this contract unless agreed upon in writing by a Company Director.
2. Prices
a) The price shall be that ruling according to the company price list or schedule of rates for Goods and Services, in force at the date of dispatch or that agreed by the Company and Buyer in writing. All prices are exclusive of VAT.
b) Any quotation provided by the Company for the Buyer, unless otherwise stated in writing, will be specific to the work quoted and exclude any additional work that may occur whether related or otherwise. Any additional work will be subject to the buyer’s acceptance of a separate quotation. All quotations shall expire after 30 days.
c) The buyer shall be liable for any increase in price and expenses incurred by the Company arising out of delay caused by the Buyer.
3. Terms of Payment
a) Charges for Goods and Services supplied by the Company shall be subject to a 50% deposit payment on or before delivery unless the Buyer has an account with the Company whereupon strict account terms shall apply.
b) Where a Buyer has an account the terms shall be payment due on or before the 14th day following date of invoice unless otherwise agreed by the Company and the Buyer in writing prior to purchase. Non account customers payment becomes due upon completion of work.
c) If payment by the Buyer is overdue then the Company may:
i) suspend the delivery or supply of Goods and Services due to the Buyer
ii) charge interest on monies outstanding at the rate of 8% per annum above the current published base rate
iii) at its absolute discretion close the Buyers account upon which all outstanding monies shall immediately fall due.
d) The company may at its absolute discretion set or alter the Buyers credit limit.
4. Legal Ownership
a) The property and title of Goods supplied by the Company shall remain within the Company until:
i) the Buyer shall have paid the price plus VAT in full and
ii) no other sums whatever shall be due from the Buyer to the Company.
b) In the event of non-payment of sums due to the Company from the Buyer, the company shall be entitled to enter the Buyers premises and to physically repossess and remove there from the Goods supplied by the Company for which payment has not been received.
5. Risk
a) Risk in the Goods shall pass to the Buyer at the moment when the Goods leave the Company’s premises or any other premises as ordered by the Company as part of processing a buyers order.
6. Specification
a) The Company shall not be under any liability in respect of description or specification or other matters in relation to the Goods contained in any material such as price lists, catalogues, trade publications and advertising matter other than the contract itself.
b) The Company reserves the right without notice and without affecting the validity of the contract to make such changes in materials, dimensions and design as are reasonable.
7. Work on Site
a) When working at the Buyers premises, the Buyer shall provide adequate access to the premises and ensure at all times that the working environment at the premises is conducive to the health and safety of the Company, its employees, agents and subcontractors.
b) The Company shall have the right to refuse to perform any Services which would bring the Company’s employees, agents or subcontractors into contact with any hazardous substance where such substances were not reasonably apparent from any prior inspections by the Company.
8. Information and Advise
a) Advice, information and opinion given by any Director, Employee or Agent of the Company is given without legal responsibility.
b) Any recommendation or suggestion made by the Company relating to the use of Goods, whether in technical literature or in response to specific enquiry, is made in good faith but it is for the Buyer to satisfy himself of the suitability of the Goods for his particular purpose, and shall be deemed to have done so.
9. Limit of Liability
a) The Company shall not be liable for damage or injury caused by its Goods or workmanship beyond replacement of the Goods or work on verification of the Buyers complaint.
b) The Company shall not be liable for any consequential loss caused by its failure or delay in supplying, servicing or repairing Goods, whether the loss arises from the actions or from the omissions of the Company, its employees, Agents, or Subcontractors.
c) The Company shall not be under any liability if the Goods or Services are not paid for by the due date.
10. Deliveries
a) Any time named by the Company for the delivery of its Goods or Services is an estimate only, and while every effort will be made to deliver on time the Company will not be liable for any consequences of a delay in delivery.
b) In the case of damage in transit or short deliveries, notice of damage or shortage must be received in writing within 3 days of invoice date.
c) The price payable for delivery will be as stated by the Company.
11. Returned Goods and Cancellation of Services
a) Orders/part orders for Goods and Services cannot be cancelled without the prior agreement and written consent of the Company.
b) The Company does not accept the return of Goods for credit unless the Customer has prior written permission from an authorised officer of the Company. Only new Goods with undamaged packaging and regarded by the Company as suitable for resale will be accepted for credit.
c) Credit for returned Goods and cancelled Services will be subject to a cancellation charge proportionate to the costs incurred by the Company.
12. Guarantees
a) The Company shall assign the benefit to the buyer of the warranties and/or guarantees in relation to the Goods which the Company receives from its own supplier. This may be subject to an annual maintenance contract being in place.
b) Guarantees shall not be applicable outside the United Kingdom unless expressly stated otherwise by the Company in writing.
c) Any guarantee given will be invalidated if the Goods supplied by the Company are subject to misuse or accidental damage after the Buyer has taken delivery of them.
13. Law
a) This contract shall be governed and construed in accordance with the laws of England.