COMPLETE HVAC SERVICES LIMITED

Terms and Conditions

PAYMENT - CASH SALES (Non account customers)

• All personal cheques, not fully covered by a cheque guarantee card and all Company cheques will be verified by means of transax or similar at our discretion.
• Items returned under warranty will be subject to works inspection prior to credit being issued.

Payment - ACCOUNT HOLDERS

Payment may be made by cash, cheque, or B.A.C.S.

• If a replacement item is supplied under warrantee this will be charged and a credit raised subsequently dependant upon the results and costs of the works inspection.
• Payment terms strictly 30 days nett.

Conditions Of Sale

1. General

   These conditions apply to all the goods by seller and in the case of conflict between these conditions and the buyers conditions the seller's conditions shall prevail. No variation of these conditions shall be effective unless made in writing and signed on behalf of the seller. All other terms conditions warranties or representations express or implied whether made before or at the time of or after the buyers order or instructions and even if contained therein are so far as permitted under the sale of goods act 1979 and the unfair contract terms act 1977 hereby excluded.

2. Prices

   A) Prices are subject to change without notice and goods will be invoiced at the sellers price ruling on the date of dispatch. Prices stated do not include Value Added Tax.

   B) Minimum billing charges. Because of the cost of handling small orders the seller reserves the right to charge its minimum billing charge on date of dispatch if applicable.

3. Quotations

All quotations are open for for acceptance within 30 days form date of offer and are withdraw at the expiry of such period. The company reserves the right at any time to refuse order.

4. Specification

   The goods are supplied in accordance with the specification (if any) submitted to the buyer and any additions and alterations shall be subject of extra charge. Any part of the goods not so supplied shall be in accordance with the sellers printed catalogue or the catalogue of the sellers suppliers (subject to any modifications made since production) If the seller adopts any changes in construction or design of the goods or the specification thereof the buyer shall accept the goods in fulfillment of the order. Where the buyer supplies any drawing or specification the buyer warrants that they are accurate.

5. Orders

Orders accepted by the seller may not be cancelled under any circumstances unless agreed by seller in writing. Cancellations of goods ordered to the buyers own specification will not be accepted.

6. Delivery

   A) The place and date of the delivery are agreed between the seller and buyer. Dates given for the delivery of goods are intended as an estimations only and the seller shall not be liable for any loss or damage arising directly or indirectly from any delay.

   B) Other products not required by the buyer may be accepted back into stock as long as they are unused , in A1 condition and a fast moving line. All items accepted back into stock will be subject to a £5.00 administration charge plus a 10% handling charge.

   c) Difficulties of delivery on part of the seller or its suppliers either unforeseen or through no fault on the part of the seller shall entitle the seller to withdraw from the contract without liability.

    

7. Notice of Claims - Loses and damage in transit

   A) The goods shall be examined by the buyer on receipt and no claim in respect of the goods will be entertained unless notice in writing is sent to the seller within fourteen days of delivery.

   B) In the case of damage in the transit of damage or breakage shall be sent in writing by the buyer to both the seller and to the carrier if any within three days of receipt.

   C) In the case of loss in transit or delay notice in writing shall be sent by the buyer to the seller and the carrier if any within fourteen days of the date of the invoice.

   D) Unexamined signatures for the receipt of goods do not relive the buyer of its responsibility to check them on arrival and the seller shall not be liable in the respect of any claim or claims if the buyer fails to comply with the provisions of he clause.

    

8. Storage Charges

   If for any reason the buyer is unable to accept the delivery of the goods at the time when the goods are due and ready for delivery the seller shall be entitled to arrange storage at its own premises or elsewhere at the buyers rick and cost.

9. Force Majeure

   The seller shall not be under any liability whatsoever to the buyer for non delivery or delay in delivery directly or indirectly caused by or resulting from an Act of God, out break of hostilities (whether or not war is declared) insurrection riot civil disturbance, Government Act of Regulation fire flood explosion accident theft climatic conditions shortage of material strike, lockout or trade dispute (whether of sellers employees or other parties) caused by or resulting from any other event of circumstances whatsoever (whether or not of the same of similar kind of those mentioned) beyond the sellers control, or caused or resulting from the default or negligence of the seller or any of its employees sub contractors or suppliers.

    

10. Payment Terms

    A) Payment for all goods/services shall be made in full without any deduction by the end of the month following the month in which the invoice was issued.

    B) Notwithstanding any discount clause which may be on the buyers order the seller's terms are strictly nett.

    C) Time for payment is is of the essence of the contract. If the buyer fails to pay on the due date the seller shall be entitled:

i) To charge interest on any amounts overdue at the rate set out by the outstanding debts act.

ii)To suspend further deliveries/services until the payment has been made.

iii) to cancel the contract

D) The seller reserve the right to off set any unpaid supplies or services between seller and buyer should the need arise. This will not include items in dispute (as per clause 7) but does include associated seller transaction.

11. Ownership - Passing of Property

    A) Notwithstanding that risk in the goods shall pass to the buyer in accordance with claus 12 title of the goods (whether separate or identifiable or incorporated in or mixed with other goods) shall remain with the seller until payment in full has been received by the seller:

i)For those goods

ii)For any other goods supplied by the seller

iii)Of any other monies due from the buyer to the seller on any account

b) Until title to the goods passes to the buyer under claus 11a) the buyer shall:

i)Keep the good separate and identifiable as the property of the seller.

ii)Not attach the goods to real property without the sellers consent.

C) Any resale by the buyer of goods in which the property has not yet passed to the buyer shall (as between the seller and buyer only) be made by the buyer as an agent for the seller.

D) Goods shall be deemed sold or used in the contract delivered to the buyer.

E) At any time before title to the goods passes to the buyer (whether or not any payment to the seller is then overdue or the buyer is in breach of any other obligations to the seller) the seller may (without prejudice to any other of its rights):


i) Retake possession of all or any part of the Goods and enter premises for that purpose (or instruct others to do so) which the buyer hereby authorises

ii) Requires delivery up to of of all or any parts of the goods.

12. Guarantee and repair

    The company will guarantee the goods to the extent of any guarantee it receives from the manufacturers. The company accepts liability for any goods sent for repair only while they are on the company premises or in transit under the company's control.

     

13. Severability

In the event that any of these Conditions or any part of thereof shall be determined invalid, unlawful. or unenforceable to any extent such Condition or part shall be severed from the remainder of these Conditions which shall continue to be valid to the fullest extent permitted by the law.

14. Applicable law

    This contract will be governed by the laws of england and be subject to jurisdiction of the English Courts.