Trading Terms and Conditions

Trading Terms and Conditions 2017-09-15T11:43:10+00:00

Please take the time to Read and fully understand our FULL Terms & Conditions, by accepting our quotes you agree to be bound by these terms and agreement.

All Prices Quoted do not include any expenses that may be incurred, such as (but not limited to) parking, congestion charge, additional parts / materials etc.

All Quotes are valid for 30 days.

Units and materials may be delivered the day prior to a booked install to ensure our engineers are not delayed on the day. These need to be stored safely and securely by the client.
Any deliveries not accepted the day prior may incur a charge and delay the agreed start date of an installation.

The proposals all assume that we will have uninterrupted access to the working areas between the hours of 07:00 – 17:00 Monday to Friday.

TERMS AND CONDITIONS OF BUSINESS (SUPPLY OF GOODS AND SERVICES)

This agreement is made on the date you accept the quote and is made between JP Air Conditioning Services Limited (“The Company”) whose registered office is at 6 Kedleston Drive , Orpington, BR5 2DR and the customer who is stated on the online quote.

1. General

1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.

1.2 We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.

2. Prices

2.1 The price for the supply of goods and services are set out in the quote previously sent to you. We shall invoice you up to 50% of the total cost of the works (please refer to the original quote), as a deposit which needs to be paid before works commence. The final balance will be invoiced once the work is completed.

2.2 The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.

2.3 Unless expressly stated, quoted prices do not include any expenses that may be incurred, such as (but not limited to) parking costs, congestion charge, additional parts / materials etc. These will be invoiced, where applicable.

3. Risk

As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence, will end on the date we agreed to deliver them.

3.1 After goods or services have been completed you will sign for your certificate stating you are responsible and liability is not ours in the events of loss, damage or destruction.

4. Ownership of the Goods

You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

5. Delivery

We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

6. Performance

6.1 We will install the items within a reasonable time.

6.2 If in our opinion it is not reasonably practical for any reason to carry out any of the work we are instructed to, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practical.

6.3 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.

7. Payment

The price for the goods and/or services shall be payable no later than 30 days from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Agreement.

Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days’ notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

8. Warranty

8.1 We warrant that as from the date of purchase, the goods and all their component parts are covered by the Manufacturer’s warranty. Please refer to the Manufacturer’s warranty provided by us upon completion of all works.

NB The warranty is only valid if a service contract is taken out with JP Air Conditioning Services Ltd. We also warrant that all servicing will be undertaken in order to comply with the manufacturer’s warranty.

8.2 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

9. Cancellation

We reserve the right to cancel the Agreement between us if:

9.1 We have insufficient stock to deliver the goods you have ordered;

9.2 We do not deliver to your area; or

9.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
Once the agreement has been accepted by the client via the online/written quote, and we have been instructed to proceed, in the event of any cancellation from the client, we will have the right to withhold 10% of the total amount of the invoice less VAT.

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Liability

11.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.

11.2 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.

11.3 Where we need to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of your existing system which occurs due to faults in your system unless we have been negligent in not realising that such damage may occur or in the way we did the work.

11.4 In the event of our negligently losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund. We will not accept liability for any reasonably foreseeable decorating or building work required as a result of any work or installation of equipment we carry out on your premises, or for any further damage and/or modification(s) to your premises or goods agreed upon or requested by yourself or your agent(s).

11.5 Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or subcontractors.

12. Governing Law and Jurisdiction

Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.

13. Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.

14. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

15. Customer Services

15.1 To protect your own interests please read the conditions carefully before accepting them. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone to our customer queries department, at the address and telephone number set out above. Once you have accepted this quote you will be bound by its terms.

15.2 If you are unhappy with any aspect of our service, please contact JP Air Conditioning Services Ltd directly. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

16. Changes to Terms and Conditions of Business

We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.

17. Data Protection

You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

Additional Terms and Conditions for Service Contracts – PAYG/One – Off Service

Service Schedule

Check List – Internal Plant:

• Check operational sequencing between fan coil unit and remote controller. Test on/off, temperature control and operational mode changeover.
• Inspect, remove and clean all filters thoroughly.
• Inspect and chemically clean fan coil unit coils and drip trays.
• Check correct rotation of fan coil unit fan(s) and fan motor running currents.
• Check all mains power, interconnecting controls and external / BMS control cables connections are tight and free of dirt.
• Clean sump tanks of condensate removal pumps, if fitted. Test efficiency of pumps and integrity of vinyl drain lines.
• Test factory fitted condensate lift pumps and gravity drain line efficiency, if fitted.

Check List – External Plant:

• Inspect unit for signs of operational wear and tear, coil damage and possible refrigerant leaks.
• Remove any debris from condensing unit coil, and comb aluminium fins if required, spray with chemical cleaner.
• Fit pressure gauges to condensing units to check operational pressures.
• Should pressures be incorrect, check refrigerant gas and oil charges of compressor(s).
• Check correct rotation of condensing unit fan(s) and fan motor running currents.
• Check voltage and current being drawn by the condensing unit.
• Check all mains power, interconnecting controls and external / BMS control cables connections are tight and free of dirt.

Upon completion of each service schedule, a full written report will be signed by the engineer attending and issued to the client. The onsite f-Gas register will also be updated as required, with details of the leak test method and result.
Additional attendance to site at the request of the client, over and above the proposed maintenance program, will be charged at the following rates:

Normal Working Hours 08:30 – 17:00 Mon to Fri
Air Conditioning Engineer £32.50/hr. (Min 4hrs)
Assistant £15/hr. (Min 4hrs)

Outside of Normal Working Hours 17:00 – 08:30 Mon to Fri & all day Sat
Air Conditioning Engineer £47.50/hr. (Min 4hrs)
Assistant £20/hr. (Min 4hrs)

Outside of Normal Working Hours all day Sun & Bank Holidays
Air Conditioning Engineer £65/hr. (Min 4hrs)
Assistant £30/hr. (Min 4hrs)

Mileage is charged at 48p per mile from our engineer’s location at the time of call, for call outs outside of normal working hour

Conditions of Contract

JP Air Conditioning Ltd (“the company”) undertakes to service the Customer’s environmental control equipment (“the equipment”) as specified on a programmed basis during the Customer’s normal hours of business Monday to Friday excluding any Public Holidays.

The Company will provide a daily emergency service, between the hours of 8:30 am and 5:00 pm which may be called out by telephone. Every reasonable effort will be made to ensure that, if required, the Company’s Emergency Service Engineer will attend at the Customer’s site within four hours of call out. Any emergency service work undertaken as a result of the call out will be the subject of a separate invoice to the Customer, unless the fault is a direct result of works completed previously by JP Air Conditioning Ltd.

The maintenance proposals do not include the stocking or supplying of replacement parts and materials recommended by the manufacturer(s).

The Customer undertakes:

To give suitable access to the equipment and provide sufficient working space at all times. (The quotation does not cover any work carried out by the Company to afford its engineers access to the equipment the cost of which may be subject of an additional charge.)

To provide all requisite electricity, fuel, power, ventilation and other facilities for the testing of the equipment.
The Company shall not at any time be liable for malfunction, defect, damage or accidents resulting from:

Defective design of equipment;

Defects in the equipment existing in prior to the first service visit made by the Company;

Incorrect operation of or tampering with the equipment or the Customer’s instructions or recommendations.

Failure of mains service.

All work carried out by the Company to rectify any such malfunction, defect or damage is not covered by the quotation and will be subject to an additional charge.

If by reason defective workmanship or any negligence for which the Company would otherwise be liable or any defect or breakdown in materials or replacement parts supplied or used by the

Company in servicing or repairing the Equipment the Company shall be shown to have caused the Customer loss or damage, the Company’s responsibility (if any and subject to the Customer complying with the requirements of clause 5.7) for such loss or damage shall be limited at its option to a full refund of the charge by it for the work, materials or replacement parts shown to be defective or to a further visit without charge by its engineers to correct, if possible, such defective materials, or replacement parts and rectify any consequential damage to plant and equipment specified herein. The Company shall exercise due care in carrying out its work but shall not be liable for any damage to plant machinery, buildings or for an interruption or delay to or in the Customer’s works or operation. In no circumstances shall the Company be liable for any indirect or consequential loss howsoever arising.

It is also agreed that the Customer will indemnify the Company for any injury occurring in any manner in connection with the Equipment or the service work to be provided under the terms of any contract arising from the quotation to any of the Customer’s employees or customers or any third party at the site where for the time being service work is being carried out by the Company and likewise indemnify the Company against any loss or damage to the property of any such persons save that such indemnity will not apply where such injury, loss or damage shall have been occasioned by reason of any act, default or negligence on the part of the Company or its employees.

The Maintenance Program will commence on the first day of an agreed calendar month and costs will be payable annually in advance

The Annual Maintenance Program will remain in force for twelve months after the date of the commencement of the contract. The company shall review and be entitled to revise the charge referred to in the quotation upon the expiration of not less than one month’s notice in writing to the Customer of the proposed revision prior to the first anniversary of the date of commencement of the contract or at any time thereafter.

The Customer undertakes to pay (or reimburse as the case may be) all taxes (other than any taxes on income) and other sums (if any) levied by any governmental, local or other authority upon the Company which are attributable to the supply of services to the Customer hereunder.

The Company reserves the right to refuse to carry out the agreed service work or otherwise to implement the contract if any payment is not made pursuant to the provisions hereof. In the event of non-payment of any outstanding account, the Customer’s liquidation or the appointment of a receiver in respect of all or any of its assets or (in the case of any individual customer) his death, bankruptcy or insolvency, all sums invoiced to the Customer to date shall immediately become due and payable and in addition the Company shall have the right in its sole discretion to terminate forthwith the contract with the Customer or suspend execution of the work. All such rights may be exercised without prejudice to the Company’s right of recovery of outstanding charges or of any loss sustained.

Any contract arising out of these conditions shall remain in force until determined by either party giving to the other party in writing at least three month’s clear notice of termination to expire on or at any time after the first anniversary of the date of commencement of the service. Any such termination shall be without prejudice to any right of either party, which shall have arisen prior to such termination.

Unless the Company shall otherwise agree in writing:

The Company’s quotation is valid for and may only be accepted during the period of thirty days thereafter and, if not accepted within such period, shall be deemed to have been withdrawn.

The Customer can accept the quotation by counter-signing the duplicate thereof. The Customer’s acceptance shall not however constitute a contractual obligation binding upon the Company until the Company has sent the Customer a written confirmation of its acceptance. No variation of the contract shall be valid unless in writing and signed by one of the Company’s Director. In particular any term or condition stipulated or referred to by the Customer which would conflict with supplant or in any way qualify these terms and conditions shall be deemed to be inapplicable.

The quotation is personal to and is not assignable by either party.

The Company shall have no liability to carry out any of the service or maintenance work if it is delayed or prevented from carrying out the work by reason of any circumstances beyond its control including Act of God, force majeure, war, governmental order or shortage of labour or materials or other similar cause and in any such circumstances it shall be released from fulfilling all obligations by any particular time but without prejudice to its right to recover payment for work already carried out and for equipment, replacement parts of materials already supplied. However in such circumstances the Company shall endeavour to eliminate such cause of delay and to complete the work within three months after it is so delayed or prevented from carrying out the same.

Any contract arising out of these and any other conditions, which are incorporated herein shall be governed by and construed in accordance with English Law.