Please read these terms and conditions. They are binding on all customers and govern the supply of all goods by London Cool Limited and Midland Cool Limited (hereinafter called the “supplier”). No addition, deletion or any other alternative to the terms shall apply, unless specifically agreed in writing by the supplier. All orders are accepted from the customer (hereinafter called the “hirer”) by the supplier subject to the following terms and conditions which shall form part of and govern the Contract of Hire. Acceptance of goods is deemed to be acceptance of these terms and conditions of Hire.
Definition of Terms
The “owner” and “supplier” is London Cool Limited, Unit 7 Meadowbrook industrial centre, Maxwell Way, Crawley, West Sussex RH10 9SA, or Midland Cool Limited, Unit 5, Mainstream Way, Saltley, Birmingham B7 4SN.
The “hirer” is the company, firm, person, corporation or authority and includes its successors or personal representatives.
“Equipment” covers all classes of Air Conditioning Units, Climate Control equipment and / or accessories and or accessories which the supplier agrees to rent to the hirer.
A week shall be seven consecutive days including public holidays
Availability of Units
We will endeavour to comply with the date named for despatch or delivery. The date given is intended as an estimate only and is not to be the essence of the contract. All equipment is offered subject to availability at the date of receipt of order.
Suitability and delivery in Good Order
The equipment shall be deemed to be in good order and condition in accordance with the terms of contract and to the Hirer’s satisfaction unless notification is received by the Supplier within 24 hours of the equipment being delivered to site.
Access Route
A suitable access route for delivery and collection is to be provided by the hirer with unrestricted entry and approach; these should be clearly specified on purchase orders.
Loading and Unloading
The Hirer shall be responsible for the unloading and reloading of the equipment at site and any driver supplied by Supplier shall be deemed to be under the Hirers control and the Hirer shall be responsible for any damage caused.
Maintenance, Care and Alterations
The Hirer shall be responsible for maintaining the equipment in the same condition as on the date of its delivery and returning the equipment on completion of hire in a good clean condition (fair wear and tear expected). Any loss, damage or cleaning costs will be charged to the Hirer.
No alteration or modification shall be carried out on equipment without prior consent of the Owner.
Inspection
The Hirer shall at all times allow the owner, the owners agents or servants to have reasonable access to the equipment to inspect, test, adjust, repair or replace same.
Period of Hire
Unless otherwise provided for in this agreement, the period of hire commences on the day the equipment leaves the owners premises and terminates on the date it is received back there or in a site nominated by the owner, both days being included in the period of hire.
Termination
The contract shall be terminated by 48 hours notice in writing by the Hirer.
The owner shall be entitled to terminate the agreement forthwith and repossess the equipment in the event of the Hirer failing to comply with any of the conditions herein contained. All additional costs will apply and be forwarded to the Hirer.
It is the responsibility of the Hirer to make equipment available at the termination of hire.
Where the period of hire is indeterminable or having been defined indeterminable the contract shall be determinable by 48 hours notice in writing given by either party to the other, in the event of the hirer desiring to terminate the contract and failing to give such notice, hire for the period of 48 hours notice shall be chargeable.
If the hire is terminated prematurely the owner is entitled to payment in full for the minimum hire period stated.
Termination of hire must be advised by the hirer in writing to the owner. Failure to do this will result in the equipment remaining on hire and the relevant charges will be made.
Loss and Damage
During the continuance of the hire period the hirer shall make good to the owner all loss or damage to the equipment or extra chargeable items from whatever cause the same might arise (fair wear and tear expected). The hire period will be deemed to continue until a lost or stolen item is paid for.
The owner accepts no liability or responsibility for any loss or damage due to or arising from the equipment becoming unusable through any cause whatever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the equipment or its contents.
Insurance
The hirer shall insure and keep the equipment and its accessories comprehensively insured to the full replacement value thereof stated on the agreement against all the usual risks including loss or damage by fire, flood, accident or any other cause. The hirer shall also fully and completely indemnify the owner in respect of all claims by any reason whatever for injury to persons or property caused by or in conjunction with or arising out of the use of the equipment and in respect of all costs or charges in conjunction therewith whether arising under statute or common law.
The hirer shall ensure that the equipment is insured so that in the event of total destruction of the equipment the owner shall be entitled to replace the same at the owner’s current list sale price. The hirer will be responsible for the cost of removal of a damaged or written off unit.
Consequential Loss to Third Party and to the Owner
No liability will attach to the owner for any consequential loss or damage due to any failure in the equipment or non-arrival or late delivery of the equipment or any breach of contract whatever by the owner for any cause whatever, including the negligence of the owner or the owners employees.
Rental and Payment Terms
If the Supplier has granted a credit account to the Hirer then payment of any and all charges due under the contract, including VAT, shall be made in full cleared funds by 30 days from the date of the invoice unless other credit terms are agreed in writing between the Supplier and the Hirer.
Where a credit account has not been granted then payment of any charges or any other sums due under the Contract should be made with the Hirer’s order for Equipment or Goods. Payment by the Hirer on time under the contract is an essential condition of the contract. Payment shall not be deemed to have been made until the Supplier has received cleared funds or cash.
The weekly hire rate is based on a minimum hire period and set with the Hirer’s commitment stated on their initial purchase order. Should the equipment be off hired before this period the Supplier will invoice the full amount of the agreed period.
Should the hire period be extended from the initial minimum period the weekly rates stated at the onset will apply and rounded to the nearest full week. Reasonable effort will be made to gain a continuation Purchase Order.
Odd days at the end of the initial hire period shall be charged at 20% of the weekly rate, per day.
Invoice Queries
The Hirer should notify the Supplier of any queries concerning invoices in writing within 14 days of the invoice date. The Supplier will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
The Supplier reserves the right to amend his rates by giving seven days notice in writing to the hirer at any time after the minimum hire period stated on the contract has expired.
The hirer shall not be entitled to withhold any payment due, or sum owing to The Supplier for any reason.
Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by the Supplier in the recovery of amounts due, Equipment and/or Goods. In addition The Supplier may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
Credit Limits
If The Supplier has granted a credit account to the Hirer, The Supplier may set a reasonable credit limit. The Supplier reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit.
Sub-Let and Change of Site
The hirer shall not re-hire, sell, charge, pledge, part with possession of or otherwise deal with the equipment or its contents and shall protect the same against distress, execution or seizure and shall indemnify the owner against all losses, damages, charges and expenses that may be occasioned by any failure to observe and perform this condition.
The hirer shall not assign his rights hereunder nor sub-let or lend equipment or any part thereof to a third party without the prior written consent of the owner.
The hirer shall not move the equipment from the site to which it is delivered unless prior written consent is obtained from the owner.
Identification Marks
The owner retains the right to affix a mark or place on the equipment identifying it as the owner’s property and the hirer shall not remove, deface or cover up the same.
Divisibility
Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the Supplier in respect of any one delivery shall not entitle the Hirer to repudiate the contract or any instalments remaining to be delivered thereunder. Notwithstanding this, the Hire & Maintenance and Sale of Equipment shall also be deemed as separate contracts, and therefore any failure by the Supplier in respect of these contracts shall not entitle the buyer to reject the contract or the services provided or withhold any other installment or payment in respect of any installment previously provided under said contract.
Terms and Conditions of Sale
Please read these terms and conditions. They are binding on all customers and govern the supply of all goods by London Cool Limited and Midland Cool Limited (hereinafter called the “supplier”). No addition, deletion or any other alternative to the terms shall apply, unless specifically agreed in writing by the supplier. All orders are accepted from the purchaser (hereinafter called the “customer”) by the supplier subject to the following terms and conditions which shall form part of and govern the Contract of Sale. Acceptance of goods is deemed to be acceptance of these terms and conditions of sale.
Your statutory rights under the sale of goods act are not affected.
Definition of Terms
The “owner” and “supplier” is London Cool Limited, Unit 7 Meadowbrook industrial centre, Maxwell Way, Crawley, West Sussex RH10 9SA, or Midland Cool Limited, Unit 5, Mainstream Way, Saltley, Birmingham B7 4SN.
The “Customer” is the company, firm, person, corporation or authority and includes its successors or personal representatives.
“Equipment” covers all classes of Air Conditioning Units, Climate Control equipment and / or accessories.
Warranty
One year warranty from date of despatch on all items portable and installed fixed equipment used for cooling, heating, drying or air movement. Warranty on new equipment is strictly subject to manufacturers and supplier maintenance requirements, correct use, positioning, storage of the equipment and accessories supplied with the equipment. Information will be with the operation instruction handbook.
The warranties on fixed installed equipment, labour, pipe work and condensate pumps are subject to regular preventative maintenance being carried out strictly in accordance with manufacturers and or supplier recommendations. Therefore we strongly recommend regular maintenance to maximise the efficiency of your equipment and to keep within the terms of your warranty.
All ex-hire equipment has a three-month back-to-base warranty from date of despatch.
Warranty valid for equipment based and installed within the United Kingdom only.
Availability of Goods
We will endeavour to comply with the date named for despatch or delivery. The date given is intended as an estimate only and is not to be the essence of the contract. All equipment is offered subject to availability at the date of receipt of order.
Payment Terms
If the supplier has granted a credit account to the customer then payment of any and all charges due under the contract, including VAT, shall be made in full cleared funds by 30 days from the date of the invoice unless other credit terms are agreed in writing between the supplier and customer.
Where a credit account has not been granted then payment of any charges or any other sums due under the Contract should be made with the Customer’s order for Equipment or Goods. Payment by the Customer on time under the contract is an essential condition of the contract. Payment shall not be deemed to have been made until the supplier has received cleared funds.
Installations of fixed equipment are always chargeable with a deposit prior to installation with full payment of outstanding balance including VAT on completion of the contracted works unless other payment terms are agreed in writing between the supplier and customer.
On our quotations prices stated are not subject to further discount, retentions or delayed payment of any kind.
Our written estimate or quotation remains open for acceptance for 30 days after its date unless otherwise specified.
Cancellation charges will apply.
Installations for portable or fixed installed equipment are chargeable and prices and details subject to a pre-installation site survey.
All works, including brazing / hot work, and work that may cause noise or any form of disturbance to occupants, will be un-interrupted and take place during normal hours (Mon – Fri 08.30 – 16.30). All out of normal hours work is chargeable.
Credit accounts can take up to one week to establish if written trade references are required (subject to status)
Invoice Queries
The Customer should notify the supplier of any queries concerning invoices in writing within 14 days of the invoice date. The Supplier will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The customer will be liable for reasonable legal charges incurred by the supplier in the recovery of amounts due, Equipment and / or Goods. In addition London / Midland Cool may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Customer.
Price
The prices of the goods shall be in accordance with the supplier’s current prices, which are subject to change and subject to VAT. Orders are accepted on the basis that the prices charged shall be the prices ruling at the date of despatch. Price lists do not constitute an offer.
Access Route
A suitable access route for delivery is to be provided by the customer with unrestricted entry and approach; these should be clearly specified on purchase orders.
Loading and Unloading
The customer shall be responsible for the unloading and reloading of the equipment at site and any driver supplied by the supplier shall be deemed to be under the customers control and the customer shall be responsible for any damage caused.
Claims
No liability for any claim for damage will be accepted unless the purchaser notifies the supplier in writing within 72 hours of delivery.
Property and Risk
So long as any amounts remain owing from the purchaser to the supplier, title to the ownership in question will remain with the supplier and will not pass to the purchaser until the supplier has received payment in full. At any time after the due date of the payment of any amounts owing from the purchaser to the supplier, the latter shall be entitled to enter the purchaser’s premises and remove there from any goods which remain the property of the supplier.
From the time of despatch of the goods by the supplier until the time of the delivery to the purchaser, the risk of any loss or damage to the goods shall be borne by the supplier and thereafter the goods shall be at risk of the purchaser.
Returned Goods
The supplier will not accept goods returned for credit unless such return has been authorised in writing and the goods are received by the supplier in good condition. The supplier reserves the right whether to accept the goods or whether to rectify the goods or whether to issue a credit note in respect thereof.
The purchaser shall, unless otherwise stated, be responsible for the cost of carriage and insurance in respect of all goods returned by the purchaser to the supplier for service or credit. The goods shall be at the risk of the purchaser until actual receipt thereof by the supplier.
Divisibility
Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the seller in respect of any one delivery shall not entitle the buyer to repudiate the contract or any instalments remaining to be delivered there under. Notwithstanding this, the Hire & Maintenance and Sale of Equipment shall also be deemed as separate contracts, and therefore any failure by the Owner in respect of these contracts shall not entitle the buyer to reject the contract or the services provided or withhold any other installment or payment in respect of any installment previously provided under said contract.
