1. The contract of sale 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.
2. 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 90 days of the contract date.
3. We have quoted the cost of works as discussed with you and set out overleaf. Once you have accepted this quotation, we agree to carry out the works on the terms set out in this contract.
4. All work set out in the quotation will be carried out during normal working hours, which are 8.00am-6.00pm Monday to Friday, unless otherwise stated. Access to your premises is required while work is in progress.
5. Additional costs may be incurred if:-
a) Variations or additions not stated overleaf or which we find to be necessary and which could not have been identified when the original quotation was given.
b) We have to remove any dangerous waste material, such as asbestos, which could not have been reasonably foreseen when the original quotation was given and we became aware of only when installation commenced.
c) For any reason we cannot gain access to site, resulting in delays.
d) You cancel your installation without giving us 48 hours notice.
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.
6. You are responsible for ensuring that all permissions for the installation to proceed without delay is granted.
7. 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 fitting date.
8. The deposit shown overleaf must be paid when the order is placed. The balance is due on completion of the work, unless a Credit Agreement has been signed. In the event that the credit agreement is cancelled, you are liable to pay the balance outstanding immediately.
9. In connection with this contract, 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 organisations to help make credit decisions about you or and/or members of your household and for debt collection and fraud prevention. This includes those who have moved house and who are in default.
10. Following the credit check being carried out pursuant to paragraph 9, we reserve the right to request that payment of the balance is made by way of equal monthly instalments in accordance with a payment schedule to be agreed between us.
This contract may be cancelled by WRITTEN notice to:
All Seasons Climate Control Projects Ltd / All Seasons Air Conditioning Services Ltd / ASG Lighting Solutions Ltd, Unit 2, Prospect Business Park, Langston Road, Loughton, Essex, IG10 3TR
It must be sent by recorded delivery or registered post and received no later than seven days after the date on which the contract has been signed. Any cancellation after this period will result in the loss of the deposit. All Seasons Climate Control Ltd retains the right to cancel this agreement at any given notice.
11. Information you provide or we hold (whether or not under this contract) may be used by us or by our agents.
12. These terms and conditions, together with the information overleaf are intended to set out the whole agreement between both parties. If you have any queries, please contact our office on 020 8502 4540.
13. All systems remain the property of All Seasons Climate Control Projects Ltd / All Seasons Air Conditioning Services Ltd / ASG Lighting Solutions Ltd, until paid for in full.
14. If at any stage during the works being carried out we have a reasonable belief that you are unable to make payment of any future sums due under this contract then we reserve the right at any time to cease the installation. The installation shall not recommence unless payment of the remaining outstanding balance is made within 14 days of the installation ceasing.
15. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if:
a) You commit a material breach of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing of the breach;
b) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the forgoing apply;
c) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of your company (being a company);
e) you (being an individual) are the subject of a bankruptcy petition or order; f) you suspend or cease , or threaten to suspend or cease, to carry on all or a substantial part of your business; or
g) you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.
16. On termination of the Contract for any reason:
a) You shall immediately pay to us all outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, we shall submit and invoice, which shall be payable by you immediately on receipt;
b) you shall return all of the air conditioning parts which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
17. Late payments will be charged at 7% above the bank base rate, unless agreed in writing by our company Managing Director.
18. A £20.00 fee +VAT will be invoiced for stopped/returned cheques to cover bank and administration costs.
19. 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.
20. Nothing in these conditions shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
But subject to the above:
a) We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the contract value which has been paid by you to us at the time that the loss is incurred.
21. In case, as a consequence of Brexit, the transaction requires All Seasons Climate Control Projects Ltd / All Seasons Air Conditioning Services Ltd / ASG Lighting Solutions Ltd to import Products from outside the UK and the performance of All Seasons Climate Control Projects Ltd / All Seasons Air Conditioning Services Ltd / ASG Lighting Solutions Ltd’s obligations under this offer shall be affected or increased by reason of the making or amendment of any mandatory law, order, regulation or bye-law having the force of law, All Seasons Climate Control Projects Ltd / All Seasons Air Conditioning Services Ltd / ASG Lighting Solutions Ltd reserves the right to adjust the delivery period and price (to include potential import duties and costs) as appropriate. Further, if at the time of delivery, the spot exchange rate (GBP/EUR) changes more than 5% from that in effect at time of quotation, All Seasons Climate Control Projects Ltd / All Seasons Air Conditioning Services Ltd / ASG Lighting Solutions Ltd is entitled to make an adjustment (positive or negative) to the selling price to the buyer.
