1. Application Conditions
a. Unless otherwise agreed in writing work is undertaken by
coolmequick.com (hereinafter called‘the supplier’)
only on these conditions and no variation of or addition thereto
shall have effect unless it is stated in writing. The giving by
the customer of any instruction for the delivery of equipment,
or any conduct by the customer in confirmation of any quotation
purporting to incorporate these conditions shall constitute unqualified
acceptance by the Purchaser of these conditions. The parties to
the contract are coolmequick.com, (the supplier) and the customer
named in the contract.
b. The supplier shall be under no liability nor shall the customer
be entitled to any remedy by reason of the provisions of the misrepresentation
Act 1967 except to the extent (if any) that the court or any Arbitrator
may allow reliance on it as being fair and reasonable in the circumstances
of the case.
2. Validity
Quotations and offers are open for acceptance within thirty
(30) days only from the date thereof and are subject to confirmation
in writing at the time of such acceptance. The right is reserved
to withdraw any quotation or offer at any time either verbally
or in writing and no liability whatsoever shall be incurred by
such withdrawal. No order shall be binding on the supplier unless
and until accepted in writing by the seller.
3. Payment
a. Where we have granted account facilities in writing all invoices
must be paid within thirty (30) days of the date of the supplier’s
invoice and the supplier shall be entitled at its discretion to
charge interest at a rate of up to three (3%) per cent per month
on all money not paid by the due date without prejudice to any
other remedy. Any other costs incurred in relation to the recovery
of any sums outstanding shall be for the customer’s account.
b. The customer shall not be entitled to withhold any payment
or to make any deduction from the invoiced amount in respect of
any set-off or counter-claim unless both the validity and the
amount thereof have been admitted by the supplier in writing.
4. Delivery
Delivery times quoted or stated are approximate only. Delivery
will be to the customers received area at the single address as
stated on the customer’s order.
5. Installation
Where agreed in advance the equipment will be installed and set
to work at the cost shown on the contract. The equipment is guaranteed
to perform to the manufacturer’s stated performance but
no guarantee of environmental conditions is implied.
6. Consequential Loss
The supplier shall not be liable for any consequential loss to
the customer including but not limited to any expense, liability,
loss, claim or proceeding whatsoever caused by or arising out
of late delivery, non-delivery, misuse, unsuitability, or lawful
repossession of the equipment or any part thereof or any breakdown
or stoppage of the equipment or condensate damage.
7. Maintenance of Equipment
The customer accepts full responsibility for the care safekeeping
and maintenance of the equipment during the hire period. Any breakdown
of the equipment must be immediately notified to the supplier.
The equipment will be inspected by the supplier or his agents,
the supplier will determine whether the equipment will be repaired
or replaced. Where breakdowns result from a lack of routine maintenance
or misuse the supplier reserves the right to charge for service
visits.
8. Insurance, lost, stolen or damaged equipment.
The customer agrees to pay the supplier the full replacement
cost of any equipment which is lost, stolen or damaged beyond
economic repair and should insure the equipment on this basis.
9. Force Majeure
The Company reserves the right to suspend or cancel the Contract
in whole or in part if delivery is prevented or delayed due to
any circumstances beyond the Company’s control i.e acts
of God, flood, lightening, war, revolution, act of terrorism,
riot or civil commotion. The Company may upon reasonable notice
terminate or amend this Contract in such manner as is reasonable
within the circumstances.
10. Proper law and legal construction
All contracts incorporating these terms and conditions shall
be construed and governed in all respects by English Law all disputes
arising under or relating to the contract shall be referred to
the jurisdiction of the Courts of England only.
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