Terms & Conditions

TERMS AND CONDITIONS OF SALE

1. GENERAL

The word 'Company' means Climate Components Ltd t/a Vehvac and / or associate, subsidiary or parent companies and trading names. The word ‘goods’ means goods and / or services. The provisions set forth on the face and back hereof constitute the entire agreement with respect to the sale and purchase of all goods and services. No deletions, amendment or addition to the terms and conditions specified shall be affected by the acceptance or acknowledgment of an order or any other form unless expressly and specifically agreed to in writing by a Director of the Company. All offers and quotations are made without obligation, and all orders are subject to acceptance or rejection by the Company.

2. PRICES

The Company's prices are quoted in £Sterling currency unless otherwise stated, and are exclusive of Value Added Tax (VAT). VAT will, where applicable, be added to the goods value at the rate prevailing on the earlier date of payment or supply. All prices are subject to alteration without notice. Prices of goods and items which are in part or whole supplied under any order which are imported into the United Kingdom (UK) by the Company are subject to variation with the rate of exchange between Sterling and the currency in which the Company is invoiced by its supplier and Sterling prices and invoices will be calculated at a spot exchange rate holding at the day of dispatch of goods from the Company's premises.

Unless stated to the contrary, all goods are duty paid and in free circulation within the European Union (EU). The Company reserves the right to correct accidental errors or omissions on quotations, acknowledgments of orders and / or invoices.

3. PAYMENT

All invoices are due for payment WITHIN 30 DAYS FROM THE DATE OF INVOICE. Any invoice outstanding beyond this period may be referred to a Collections Agent and, whether or not so referred, will be subject to a surcharge of 15% plus v.a.t. to cover the collection costs incurred. Interest will be charged at (8% over the ‘official dealing rate’ according to the date on which the statutory interest started to run) on all overdue invoices in accordance with the Late Payment Act 1998. The surcharge and interest due together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable. All payments shall be remitted directly to the Company, or to that one of the Company's bank accounts as specified by the Company without charges or, when collection of overdue debts has been instigated by a Collections Agent, directly to this latter organisation. The buyer shall not refuse, reduce, offset or delay payment because of counter-claims, unless expressly and specifically agreed to in writing signed by a Director of the Company. Payments may be effected by cash, cheque, credit card, debit card or any form of inter-bank transfer.

4. PROPRIETARY RIGHT

The Company will retain title to the goods until payment thereof is made in full and the Buyer will not pledge as security the goods until such payment has been received. Until such payment is received the Buyer shall store the goods in such a way to show clearly that they are the property of the Company. The Buyer shall be responsible for all loss or damage to the goods from the time and date of dispatch to the Buyer until payment thereof is made in full.

5. INDEMNITIES

The Buyer will protect and indemnify the Company against all claims arising from infringement of patents, design copyright or trade marks with respect to all goods manufactured, supplied or processed either wholly or in part to the Buyer's specification. When the Buyer is a limited company, the director(s) of the buying company hereby personally jointly and severally guarantee immediate payment to the Company of all and any outstanding monies in the event that the buying company is placed into administration, receivership or liquidation.

6. SITE PREPARATION

For goods or equipment requiring installation by the Company's personnel, it is the responsibility of the Buyer to prepare the site environmentally and provide all the services and recipient objects (including vehicles and workshop equipment) requisite or necessary to enable such installation to be effected within the requirements of prevailing legislation and as expeditiously as practicable (including, but not restricted to power, water, drain, air bottled gasses, permit, licenses and approvals) as well as whatever is required to unpack and move the equipment to its location. Failure so to prepare and provide will result in a service charge by the Company to cover the lost time of its personnel.

7. DISPATCH

Dispatch periods, including scheduled services, are approximate. The Company will make every effort to dispatch and / or provide service within the period quoted, but assumes no responsibility or liability for loss or damage by reason of delay or inability to deliver for whatever reason including Acts of God, fires, wars (whether or not declared), embargoes, labour disputes, acts of sabotage, riots, accidents, delays by carriers or the Company's subcontractors or suppliers, voluntary or mandatory compliance with any Government Act, regulation or request, shortage of labour, materials manufacturing or processing facilities, or any other cause or causes beyond the Company's control. If shipment or service is delayed at the Buyer's request, or because of missing export or import documents, the time of dispatch is the time when the goods are reported by the Company to the Buyer as ready for service, inspection or shipment.

8. PAYMENT FOR PARTIAL DELIVERIES

When partial deliveries of goods are made at the request or with the agreement of the Buyer, all Terms and Conditions shall apply to the goods comprised in each partial delivery as if such partial delivery constituted delivery of all the goods covered by the contract.

9. PACKAGING AND LOSS OR DAMAGED IN TRANSIT

All goods are carefully packaged, but the packing is not returnable unless specifically stated. The Company will not be liable for any loss or damage to the goods in transit to the Buyer.

10. INSPECTION ON ARRIVAL, RETURN OF GOODS

The Buyer shall inspect the goods immediately on their arrival and shall within five (5) days of their arrival give written notice to the Company of any claim for shortage or that the goods do not conform to the terms of the order. If the Buyer shall fail to give such notice, the goods shall be deemed to conform to the terms of the order and the Buyer shall be bound to accept and pay for the goods in accordance with the terms of the order. The Company accepts no responsibility for delay in transit. No written acceptance of delivery shall be given to the carriers until the Buyer has examined the goods. In the event of damage in transit, the Buyer must lodge a claim on the Carriers within 24 hours of receipt of the goods and notify the Company at once. The Buyer should notify the Company of all goods not delivered within 14 days of the Company's invoice/advice note. The Company is not responsible for any damage of any nature arising from consequential loss.

11. CONDITIONS AND WARRANTIES

(A) The Company warrants to the Buyer that the goods and services supplied by it are free from defects in material and workmanship. In discharge of this warranty the Company agrees either to adjust, repair or replace at its option any part or parts supplied by it that under proper normal use prove defective within twelve months after dispatch to the Buyer. After installation, any realignment, readjustment, re-cleaning or recalibration, providing they do not relate to a proven defect in material and / or workmanship, shall be performed and invoiced only at the Company's then current rates for service. In relation to goods or materials supplied by the Company either separately or included in its goods or equipment but not of its own manufacture, the Company will pass to the Buyer the benefit of such guarantee if any as may be available by the manufacturer of such goods or materials. The Company will make no charge to the Buyer for the cost of materials or labour time expended by it in discharge of its warranties; a charge will be made to cover the traveling, and, at the Company's discretion, subsistence expenses incurred by the Company's authorized representatives in discharge of such warranties. The Company has no liability for defects due to or arising from normal wear, to misuse, maladjustment or damage caused by the Buyer, his employees or anyone other than the Company's personnel, or to or arising from installation or use of the goods in unsuitable environmental conditions or for an unsuitable application. The Company's obligations are conditional upon the Company's authorized representatives being accorded access to the goods at reasonable times, with suitable services, and if return to the Company is necessary, the goods being properly packed and dispatched by the Buyer; transportation, insurance and other charges pre-paid to the Company's premises or such premises as the Company designates, whichever is required by the Company.

(B) Subject to clause 11(A) the Company shall have no liability for any loss or damage (including consequential loss or damage) arising in connection with the supply, installation or use of the goods and / or services supplied whether arising from breach of duty in contract or tort (including negligence by the Company, its servants or agents) and, in any case, all and any liability will be restricted not to exceed the whole sales invoice value for those specific goods and / or services provided by the Company.

(C) The Company shall not be liable for any failure to deliver or perform the contract resulting from force majeure or any other matter or event outside the Company’s control.

12. RETURNS

Goods supplied in accordance with the Buyer’s order are not returnable without the written permission of the Company. Where the Buyer receives such permission, goods (including packaging) must be returned at the Buyer’s expense in such condition that, in the Company’s reasonable opinion, they may be re-sold. Any original carriage outwards charged to the Buyer will remain payable. Goods returned under this clause will be subject to a 20% handling charge which will remain payable under these standard terms and conditions and a credit note only will be issued for the balance of 80%. Please note that special orders and air conditioning kits are not returnable.

13. LIABILITY FOR DUTY

If the Buyer sells or disposes of any imported goods on which relief of duty has been obtained, the Buyer will be responsible for the payment of any duty that may be levied as a result of such sale or disposal.

14. APPLICABLE LAWS

This contract shall be governed by and construed in accordance with English law and any disputes arising shall be subject to the exclusive jurisdiction of the English Courts.

Climate Components Ltd., The Wiles Centre, Commerce Way, Edenbridge, Kent TN8 6ED. Registered in England & Wales, Company Registration Number 5092647

ISO9001 form VSL005. © Climate Components Ltd.