Terms and conditions of Batchelor Air Conditioning & Refrigeration Limited
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods and/or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we
will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important
information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a
business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire
agreement between us in relation to your purchase and apply to the exclusion of any other terms that you seek to impose or incorporate, or
which are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise,
representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no
claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
2. Information about us and how to contact us
2.1 Who we are. We are Batchelor Air Conditioning & Refrigeration Limited a company registered in England and Wales. Our company
registration number is 04294720 and our registered office is at Unit 21 Stilebrook Road, Olney, Buckinghamshire, MK46 5EA. Our registered
VAT number is GB581097133.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01234 712901 or by writing to us at
email@example.com or Unit 21 Stilebrook Road, Olney, Buckinghamshire, MK46 5EA.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address
you provided to us during your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order (whether your order is set out in your purchase order form or your acceptance
of our quotation, or otherwise) will take place when we call, write to or email you to accept it, at which point a contract will come into
existence between you and us. If your order for products is in respect of both goods and services, separate contracts will come into existence
between you and us in relation to each, being separate contracts for goods and services. Where products are delivered in instalments
(including where services extend over more than one invoice period), each instalment shall constitute a separate contract. Your order
constitutes an offer by you to purchase the products to which it relates in accordance with these terms and shall only be deemed to be
accepted when we accept it. If we accept your order prior to undertaking a survey of your property, our acceptance will be subject to a survey
of your property. If after a survey we find that your order needs amendment or that extra work is required, we will advise you as soon as
possible, and if we can do the work, issue a revised quotation to you for your acceptance.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This
might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because
a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or
description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We may assign an order number to your order and tell you what it is when we accept your order. If we do this, it will
help us if you can tell us the order number whenever you contact us about your order
4. Our products
Products may vary slightly from their pictures. The images of the products on our website and in our brochures are for illustrative purposes
only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s or our brochures’ display of
the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible
we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result
of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
- (a) to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements.
6.2 More significant changes to the products and these terms. In addition, we may make more significant changes to these terms or the
product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a
refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as told to you over the telephone, as set out in our brochure, as set out on our website or as told
to you in the course of email exchanges, as the case may be.
7.2 When we will provide the products.
- (a) If the products are goods. If the products are goods we will contact you to agree a delivery date.
- (b) If the products are one-off services. We will begin the services on the date agreed with you and provide you with an estimated completion date for the services.
- (c) If the products are ongoing services. We will supply the services until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will
contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be
liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for
any products you have paid for but not received.
7.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working
hours on weekdays (excluding public holidays).
7.5 If you are not at your address when the product is delivered. If no one is available at your address to take delivery and the products cannot
be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and
any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the
contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you
do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are
unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to
the address you gave us or you or a carrier organised by you collect it from us.
7.9 When you own goods. You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the
products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking
for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional
charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the
products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us
asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the product to reflect changes in relevant laws and regulatory requirements; or
- (c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product,
unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products
while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and
we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause
14.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products
until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not
suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for
which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6)
and terminate the contract (see clause 10.1).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is
anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
- (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- (c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; and
- (d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e)
below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be
entitled to compensation. The reasons are:
- (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
- (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- (e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). For most products bought online,
over the telephone, by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund.
These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- (a) services, once these have been completed, even if the cancellation period is still running;
- (b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- (c) any products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you
have ordered and how it is delivered.
- (a) Have you bought services? If so, you have 14 days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- (b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or
someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone
you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a
consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay
us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we
have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at
fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will
refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment,
charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- (a) Phone or email. Call customer services on 01234 712901 or email us at firstname.lastname@example.org. Please provide your name, address,details of the order and, where available, your phone number and email address.
- (b) Online.
- (c) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have
received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at
Unit 21 Stilebrook Road, Olney, Buckinghamshire, MK46 5EA or (if they are not suitable for posting) allow us to collect them from you. Please
call customer services on 01234 712901 or email us at email@example.com for a return label or to arrange collection. If you are a consumer
exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- (a) if the products are faulty or misdescribed; or
- (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you
the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including
delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your
right to change your mind:
- (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- (c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what hasbeen supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to
change your mind then:
- (a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it or become insolvent. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that
payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you, as the case may be, make any voluntary arrangement with your creditors (within the meaning of the Insolvency Act 1986) or
(being an individual of firm) become bankrupt or (being a company) become subject to an administration order or go into
liquidation (otherwise than for the purpose of solvent amalgamation or reconstruction); or
(e) you do not, within a reasonable time, allow us access to any property to supply the services. In this regard, where the services are
to be performed at your property or, at your request, the property of any other party, then you confirm or agree, as the case may
be, as follows:
(i) That you have full power and authority to permit us to perform the services and that all necessary planning approvals,
building regulations consents and other consents authorising the services have been obtained.
(ii) To grant our employees, agents and contractors full and unrestricted safe access to the property as we shall from time
to time require in order to discharge our obligations under the contract.
(iii) To make available free of charge at the property such facilities as we shall reasonably require to enable the services to
be performed safely, expeditiously and without any interruption by any activity of you including but not limited to
adequate and safe working space, storage, office furniture equipment and all electrical mains power, water and/or other
fuel supplies and cables necessary for the services, suitably rated fused switch isolator between the incoming mains
distribution board and our tools, plant and equipment, any craneage, hoisting and/or lowering gear, specialist lifting
tackle, scaffolding, ladders and removable platforms.
(iv) To provide adequate security and protection for all our goods, tools, plant and equipment on the property.
(v) To provide (prior to commencement of the services if applicable) and at your cost all builders’ work including but not
limited to foundations, drilling of holes through reinforced walls, special support slabs, cutting and weatherproofing of
roofs, cutting away and making good as required and ready availability of all plant and equipment so as to ensure the
property are in a fit state for the services to be performed.
(vi) To take all reasonable steps to protect the health and safety of our employees, agents and contractors while carrying out
(vii) To allow our employees, agents and contractors reasonable access to your employees for the purpose of investigation
and discussion in connection with the services and to communicate the identity of your employee (where you are a
business) who shall act as the point of contact and channel of communication with us in the provision of the services.
10.2 You must compensate us if you break the contract or become insolvent. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation
for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know
at least 1 month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which
will not be provided.
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our
customer service team at 01234 712901 or write to us at firstname.lastname@example.org or Unit 21 Stilebrook Road, Olney, Buckinghamshire, MK46
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with the contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected
lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
b) If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
c) If you have not agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person
to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the
costs of postage or collection. Please call customer services on 01234 712901 or email us at email@example.com for a return label or to
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery, and for a period of 7 days (for limited goods, being goods which are of limited
durability such as hoses, seals, cosmetic trim or decorative parts, gaskets, glass doors and shelves, castors, mains cables, fuses, electric bulbs,
fluorescent tubes, oil filters, air filters, and other limited life or non-functional parts which are not essential to the operation of the goods) or
12 months (for non-limited goods, being goods which are not of limited durability and which are essential to the operation of the goods), as
the case may be, from the date of delivery (warranty period), any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with
the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or
maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the defect concerns rust, scale or other deposits;
(g) the defect concerns scratching of painted or polished surfaces or glass;
(h) the defect concerns breakage of glass or dents to the goods;
(i) the goods are subjected to unusual physical or electrical stress;
(j) the defect arises as a result of any failure or fluctuation of electrical power, air conditioning, humidity control or other
environmental controls; or
(k) the defect arises as a result of electrical work external to the goods.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as told to you over the telephone, as
set out in our brochure, as set out on our website or as told to you in the course of email exchanges, as the case may be. We take all
reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we
discover an error in the price of the product you order. Unless otherwise provided in our quotation, where the product is services the price of
the product shall exclude the following:
(a) all electrical mains power supplies and cables necessary for the services;
(b) suitably rated fused switch isolator between the incoming mains distribution board and the goods we are installing;
(c) any specialist builders’ work of a structural nature including but not limited to drilling of holes through reinforced walls, special
support slabs, walls, cutting and weatherproofing of roofs, painting, redecorating and making good your property after our installation work, removal and re-fixing of interlock design ceiling tiles, and all remedial work necessitated by accidental damage
of any of the foregoing or by accidental breakage of glass during the carrying out of the services;
(d) all necessary planning approvals, building regulations consents and other consents for the performance of the services, which
shall be your responsibility; and
(e) any craneage, hoisting gear, scaffold, ladders and moveable platforms.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will
adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite all reasonable care by us, some of the products we sell may be
incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is
less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than
the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a
pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract,
refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay. Our payment terms for goods and services will be as stipulated in our quotation and we may require full payment
upfront, a deposit or staged payment. Prior to each payment date, we will issue a VAT invoice to you. Unless otherwise stated in our
quotation, each invoice is payable in 30 days after the date of the invoice. We reserve the right to seek trade and other references from time
to time and, in our absolute discretion, to revise our payment terms (to include advance payment by way of cleared funds). We may deliver
products by instalments (including where services extend over more than one invoice period), which shall be invoiced and paid for separately
in accordance with this clause 14.4. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall
not entitle you to cancel any other instalment or withhold payment in respect of any other instalment.
14.5 No right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in
full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily
basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest
together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to
pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the
original due date.
14.8 Reviewing the price where the product is ongoing services. Where the product is ongoing services, we may review and increase our price
provided that we contact you to let you know if we plan to do this at least 1 month prior to doing so. If you are unhappy with the review you
may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments, you have made in advance
for products not provided.
14.9 Enforcement costs. If you are a business, should we be required to enforce these terms against you then you shall indemnify us against all
costs and expenses (including professional and legal costs and expenses on a full indemnity basis) suffered or incurred by us arising out of or
in connection with us enforcing these terms.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss
or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not
responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the
time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal
injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for
breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage to your property. If we are providing services in your property, unless otherwise excluded in these terms we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any preexisting faults or damage to your property that we discover while providing the services.
15.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use
the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms 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 (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not 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 any contract between us (including but not
limited to damage to property including damage to floor coverings, contents or fabric of the property to which goods are
delivered, the contents of any refrigerator or other cooling or freezing device or any other goods whatsoever); and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under
17. How we may use your personal information
through our website.
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within
14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to
another person if we agree to this in writing.
18.3 Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of
its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any
court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not
chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to the contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English
law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings
in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect
of the products in either the Northern Irish or the English courts.
18.7 Which laws apply to the contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or
claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have
exclusive jurisdiction to settle any such dispute or claim.
Registered in England * Company No: 04294720 * VAT No: GB581097133 * Registered Address: Unit 21 Stilebrook Road, Olney, Buckinghamshire, MK46 5EA