1. VALIDITY. We endeavour to hold our prices for as long as possible. However, we can only guarantee this quotation for 30 days. Costs in this quotation may be subject to change if only specific elements are ordered due to package price discount loss.
2. ELECTRICAL. The provision of electrical supplies and any electrical works are not included – unless specified in writing on your quotation.
3. EXCLUSIONS. Anything not specifically mentioned is excluded.
4. INSTALLATION & ACCESS. For installations, we assume a clear, level, ground floor site with unrestricted access for immediate start. Exceptions will be documented and be added to your quotation. Any delays outside of our control are chargeable. All wasted days are non-refundable. Return visits are chargeable.
5. DELIVERIES & ACCESS. For delivery only, we assume a kerbside delivery for immediate pre-arranged unloads by others. Any refused deliveries are non-refundable. Redelivery is chargeable. Once goods have been accepted on a delivered only basis for installation by others, UK COLD will not be held accountable for any damage to the parts delivered, the quality of the installation and the performance of the built product.
6. VAT. VAT is charged in addition to the quoted net prices.
7. ACCEPTANCE OF OUR QUOTATION invokes these conditions, which will not be varied except our written agreement on our firm’s headed paper. No representations or recommendations will be binding unless made on our headed writing paper and signed by a partner.
8. PERIOD OF TENDER OR QUOTATION. Open for acceptance in writing within 30 days; therefore expires automatically if not accepted within this time.
9. PRICE. Where no price has been quoted, the price is as listed in our Price List current at the date of acceptance of the order. All prices and charges are quoted ex VAT. Where prices quoted include installation/erection, these assume at all times as required the provision of a clear and Prepared level base which, if not provided, shall charge extra as appropriate. Quotations cover the supplied items only (unless specified to the contrary) and do not include sub-contractors or other trades’ work, including any building or electrical work – unless specified in writing on your quotation. Installations are assumed to be carried out during normal Mon-Fri working hours only and on the basis that we will be permitted to work continually until completion of the installation with no delays whatsoever due to matters reasonably outside our control.
10. COMPLETION AND DELIVERY. Dates and times quoted are estimates only, and the time shall not guaranteed. We shall not in any event be liable for the delays due to strikes, lock-outs, national shortages of materials or other causes beyond our control. If we become liable for failure to deliver either on time as agreed or at all, liability shall be limited to the extra cost to our customer of similar/equivalent goods to replace those not delivered over the agreed price and shall not extend to the loss of profit. If we are required to store the goods due to any delay other than our own, our customer will pay storage and other costs as appropriate.
11. INSPECTION. The buyer or the person to whom the goods are to be delivered at the buyer’s request shall inspect the goods immediately upon delivery. Unless the buyer or such persons authorised to take delivery provide written notice to the contrary within three days of the delivery, the goods shall be deemed to be in all respects in accordance with the contract and to have been accepted and the buyer and the buyer shall be bound to pay for the goods accordingly.
12. SPECIFICATION. We reserve the right to make any changes, which are required to conform to any applicable safety or other statutory requirements. Any changes will be advised in or to assure agreement prior to supply/installation
13. CANCELLATION BY THE BUYER. We shall make the buyer liable to us for all losses (including loss of profit due to any wasted time/resources/other project impact ), costs of labour and materials used, all charges and expenses incurred by UK Cold Ltd.
14. DRAWINGS. Unless expressly stated, drawings submitted by us are not warranted as to detail, and all copyright shall remain our property.
15. PAYMENT. Pro-forma payments need to be made prior to any goods being manufactured or delivered. Account customers payments (subject to agreed credit facilities) shall be made within 30 days of our invoice, notwithstanding that delivery may not have taken place, a portion of the goods may not have been delivered – if this is due to customer delay. Interest will be payable at the rate of 2% per month above current bank rates on accounts outstanding beyond the due date for payment. Until payment is made, all goods remain UK Cold Ltd property, and we shall be entitled to remove our items from wherever they may be without any further permission. Where goods/services are delivered/rendered in agreed installments or parts, each shall constitute a separate contract to the extent that we shall be entitled to deliver subsequent invoices in respect of each supply/phase of work. Failure to pay any invoice by its due date shall entitle us to regard our subsequent obligations as being at an end.
Where an invoice becomes overdue, we reserve the right to demand immediate payment of all monies outstanding, even if not overdue.
16. INSTALLATION. If the customer delays installation 7 days beyond the agreed date, the company shall be entitled forthwith to invoice 80% (plus VAT) of the total price. If our customer fails to take delivery or to give adequate delivery instructions, then we may store the goods until delivery is achievable and charge our customer at a reasonable storage rate or sell all the goods at the best price reasonably obtainable. If items are subsequently sold we will deduct any applicable reasonable expenses, and charge these losses to our customer against the price paid. ( ie R-Delivery/depreciation/obsolescence )
17. DEFECTIVE MATERIALS. Goods represented by the Buyer to be defective shall not form the subject of any claim by the Buyer for any loss, damage or expense whatsoever arising directly or indirectly from such defects. Goods if returned to the Seller and accepted by the Seller as defective, will at the request of the Buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions, or number in any delivery shall not be ground for cancellation for the remainder of the Order of Contract.
18. RISKS AND PROPERTY. Risk of danger and loss shall pass to our customer in case of goods to be collected from UK Cold Ltd at the time when our customer or their representative signs for collection. In the case of goods to be delivered, this responsibility passes to the customer at the time of delivery once goods are signed for by the customer or their representative. Notwithstanding delivery and the passing of risk, ownership of goods shall pass until we are paid in full. Until our customer has paid, we shall be entitled at any time to require our customer to deliver up the goods to us, and upon failure to do so, we may enter upon any premises of our customer or any third party where the goods are stored and repossess them.
19. WARRANTIES. Unless detailed in a quotation or a currently active Warranty SLA Agreement, we shall replace equipment on a ”parts only” basis, and we shall remain entitled to charge for our labour/travel costs involved in the replacement/installation of parts. We shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by our customer. We will provide written instruction for the Preparation and quality of the worksite/floor required prior to commencement of work critical to the quality and integrity of any work or built structures by UK Cold Ltd. Any subsequent failure requiring remedial actions as a result of below standard Preparations to site the by ‘others’ shall be deemed as a chargeable event and UK Cold Ltd will be under no obligation to carry out remedial works, but retain the right to charge for any work undertaken in this scenario. Any warranty given does not extend to parts, material or equipment not produced by us in respect of which our customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer. Our customer must contact UK Cold Ltd as soon as possible and then notify in writing upon discovering any defects or failures; UK Cold Ltd shall be entitled to replace the goods (or the part in question) free of charge or at our discretion to refund to our customer the price paid (or a proportion of part of the price paid) for the goods without further liability. UK COLD shall hold no liability for any loss of product/stock resulting from any equipment failure sold on a “parts only warranty”.
20. INSOLVENCY OF OUR CUSTOMER. In such event, we shall be entitled to cancel the contract forthwith or suspend any further deliveries without any liability, and if goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding the aforesaid 30 days invoice period or any previous agreement or arrangement to the contrary.
21. RECOVERY OF DEBT BY OUTSIDE AGENCY. We reserve the right that should we have to submit the account to a collection agency, a charge of 10% of the total outstanding on the account shall be charged to you, the customer, on top of the debt already owed.