Terms & Conditions

1. Price

1.1 No order submitted by you shall be deemed to be accepted by us unless and until confirmed in writing by us or our authorised representative.

1.2 We reserve the right to refuse or decline work at our own discretion, but we will always let you know our reasoning. Where we agree to carry out works for you, those works shall be undertaken by our designated operative at our absolute discretion.

1.3 In instances when we have to refuse or decline work, we will always let you know our reasoning and refund any monies paid to us.

1.4 You shall be responsible to us for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by you, and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.

1.5 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.

1.6 Fixed price work shall be given as a firm cost, (manifest errors exempted) including Labour and Materials as shown within your Quotation.

1.7 Due to our quoted price excluding VAT, any increases in VAT after your order date but before we supply the product, will be passed on to you when we charge VAT.

1.8 Our Quotations lapse after 30 days (unless otherwise stated).

1.9 The price quoted includes standard delivery in Great Britain and Northern Ireland (excluding the Scottish Highlands and Islands) by a method of transport selected by us if the value of the goods ordered is £50.00 or more (unless otherwise stated.)

1.10 The price quoted excludes express delivery or delivery within Great Britain and Northern Ireland (excluding the Scottish Highlands and Islands) by a method requested by you which is not usually used by us.

1.11 Rates of tax and duties on the goods will be those applying at the time of delivery.

1.12 Where a written estimate has been supplied to you, the total charge to you referred to in the Quotation should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:

1.13.1 if after submission of the Quotation you instruct us (whether orally or in writing) to carry out additional works not referred to in the Quotation;
1.13.2 if after submission of the Quotation there is an increase in the price of materials beyond our reasonable control;
1.13.3 if after submission of the Quotation it is discovered that further works need to be carried out which were not anticipated when the Quotation was prepared;  

1.14.4 if after submission of the Quotation it is discovered that there was a manifest error when the Quotation was prepared; and/or                                                                                                                                     

1.14.5 should a detailed Insurance Report be required in addition to the Quotation and invoice then this will incur a nominal charge of £25.00.

1.15 We shall not be under any obligation to provide a Quotation to you and shall only be bound (subject as hereinafter) by Quotations given in writing to you and signed by a duly authorised representative of ours. We shall not be bound by any Quotations given orally or in which manifest errors occur.

1.16 We may charge you additional sums if you do not give us information we have asked for about how we can access your property for delivery, installation or to provide services or if you do not do preparatory work for installation, as agreed with us.

2. Delivery

2.1 All delivery times quoted are estimates only.

2.2 If we fail to deliver within a reasonable time after the quoted delivery time, you may (by informing us in writing) cancel the contract, however:

2.2.1 you may not cancel if we receive your notice after the goods have been dispatched; and

2.2.2 if you cancel the contract, you can have no further claim against us under that contract.

2.3 Where the date and/or time for works to be carried out is agreed by us with you, then we endeavour to ensure that the operative shall attend on the date and at the time agreed. However, we accept no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.

2.4 If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss or increase in the price of the goods).

2.5 We may deliver the goods in instalments. Each instalment is treated as a separate contract.

2.6 We may decline to deliver if:

2.6.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so;

2.6.2 the premises (or the access to them) are unsuitable for our vehicle or our carrier’s vehicle; or

2.6.3 you do not ensure that there is a responsible person available to receive the goods within a reasonable time of our arrival or our carrier’s arrival.

3. Risk

3.1 The goods are at your risk from the time of delivery.

3.2 Delivery takes place either:

3.2.1 at our premises (if you are collecting them or arranging carriage); or

3.2.2 at your premises or address specified by you (if we are arranging carriage).

3.3 You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.

4. Payment terms

4.1 You shall accept sole liability to discharge our account unless you disclose to us when initially instructing us to carry out work and/or supply materials that you are acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) and the name of the third party appears on the written Quotation.

4.2 Invoices are due for payment immediately upon delivery to you unless agreed otherwise in writing. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by us.

4.3 Payment of the goods and services must be made in advance to the bank account nominated by us in writing to you, and in the following instalments unless agreed otherwise by us in writing:

4.3.1    50% of the price upon acceptance of the Quotation in order to secure the goods and agree a delivery and installation date;

4.3.2    25% of the price upon commencement of the works; and

4.3.3    25% upon completion and commissioning of the works.

4.4 If you fail to pay us in full on a due date we may:

4.4.1 suspend or cancel future deliveries and works;

4.4.2 cancel any discount offered to you;

4.4.3 charge you interest at the rate set at clause 4.2 calculated (on a daily basis) from the date of our invoice until payment before and after any judgment (unless a court orders otherwise); and

4.4.4 recover (under clause 4.7) the cost of taking legal action to make you pay.

4.5 You do not have the right to set off any money you may claim from us against anything you may owe us.

4.6 While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).

4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs, legal costs on a full indemnity basis and the costs of instructing a debt collection agency to recover a debt due to us if any) following any breach by you of any of your obligations under these terms.

5. Title

5.1 Title to any goods supplied by us to you shall not pass to you but shall be retained by us until payment in full for such goods has been made by you to us.
Until such time as title in the goods has passed to you:
5.1.1 we shall have absolute authority to repossess, sell or otherwise deal with or dispose of all, any, or part of such goods in which title remains vested in us;
5.1.2 for the purpose specified in 5.1.1 above, we or any of our agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof are installed, stored or kept, or are reasonably believed so to be;
5.1.3 we shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to you, and until such time as title in such goods has passed to you, you shall insure such goods to their replacement value and you shall forthwith, upon request, provide us with a certificate or other evidence of such Insurance.

5.2 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.

6. Warranties and Your Rights

6.1 We warrant that the goods:

6.1.1 comply with their description in our description of works document; and

6.1.2 are free from material defect at the time of delivery.

6.2 You have rights if there is something wrong with your product.

6.3 If you think there is something wrong with your product, you must contact our Aftersales Team on 020 8669 1112. We honour our legal duty to provide you with products that are as described to you on our website and/or brochures and that meet all the requirements imposed by law.

Summary of your key legal rights

If your product is goods, for example air conditioning units, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

(i) Up to 30 days: if your goods are faulty, then you can get a refund.

(ii) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.

(iii) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

If your product is services, for example the installation of your goods, the Consumer Rights Act 2015 says:

(i) You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.

(ii) If a price has not been agreed upfront, what you are asked to pay must be reasonable.

(iii) If a time has not been agreed upfront, it must be carried out within a reasonable time. 

6.4 If, after we have carried out the installation works, you are not wholly satisfied with the works then you shall give notice in writing within 12 months of installation to us and shall afford us and our insurers, the opportunity of inspecting such works, and carrying out any necessary remedial works if appropriate. You accept that if you fail to notify us as aforesaid then we shall not be liable in respect of any defects in the works carried out.

6.5 The Guarantee noted at clause 6.4 shall be for labour only in respect of faulty workmanship associated with the installation works, for 12 months from the date of completion, with the manufacturers’ warranty for the goods in force. The Guarantee will become null and void if the work or appliance completed or supplied by us is proven to be subject to misuse or negligence and/or has been repaired, modified, or tampered with by anyone other than our operatives. We will accept no liability for, or guarantee suitability of, materials supplied by you, and will accept no liability for any consequential damage or fault.

6.6 We will not guarantee any work undertaken on instruction by you and against the written or verbal advice of the operative or engineer.
Work is guaranteed only in respect of work directly undertaken by us and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.

6.7 We shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.

6.8 Where we agree to carry out works on installations of inferior quality or over ten years old at that date, no warranty is given in respect of such works, and we accept no liability in respect of the effectiveness of such works or otherwise.

6.9 We shall be entitled to fully recover costs or damages from any operative or engineer or contractor whose negligence or faulty workmanship results in us being held liable for those damages or rectification of the work.

6.10 We shall only be liable for rectifying works completed by us and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.

6.11 We cannot accept liability in respect of any defect arising from fair wear and tear, wilful damage, misuse, abnormal working conditions, failure to follow our instructions or the guidelines for maintenance provided by us or the manufacturer, or the alteration or repair of the goods without our or the manufacturer’s approval.

6.12 Subject to clause 6.15, we are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);

6.12.1 direct financial loss, loss of profits or loss of use; and

6.12.2 indirect or consequential loss

6.13 Subject to clause 6.15, our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £100,000.

6.14 For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

6.15 Nothing in these terms excludes or limits our liability:

6.15.1 for death or personal injury resulting from negligence;

6.15.2 under section 2(3) Consumer Protection Act 1987;

6.15.3 for any matter which it would be illegal for us to exclude or attempt to exclude its liability;

6.15.4 for fraud or fraudulent misrepresentation.

6.16. Our employees or agents are not authorised to make any representations concerning the goods unless confirmed by us in writing. In entering into the contract, you acknowledge that you do not rely on any such representations which are not so confirmed, subject to the provisions of clause 6.15.4.

6.17 Any advice or recommendations given by us or our employees or agents to you or your employees or agents as to storage, application or use of the goods which is not confirmed in writing by us is followed entirely at your own risk and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.

6.18 Subject as expressly provided in these terms, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

6.19 Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these terms.

6.20 The warranty is not transferable.

7. Specification

7.1 If we prepare the goods in accordance with your specifications or instructions you must ensure that:

7.1.1 the specifications or instructions are accurate;

7.1.2 goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and

7.1.3 your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable law or regulation.

7.2 We reserve the right:

7.2.1 to make any changes in the specifications of our goods that are necessary to ensure they conform to any applicable safety or statutory requirements; and

7.2.2 to make without notice any minor modifications in our specifications we think necessary or desirable.

7.3 We shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by you.

8. Return of goods

8.1 We will accept the return of goods from you only:

8.1.1 by prior arrangement (confirmed in writing);

8.1.2 on payment of an agreed handling charge (unless the goods were defective when delivered) and

8.1.3 where the goods and packaging are as fit for sale on their return as they were on delivery.

9. Cancellation

9.1 For most of our products bought online, over the telephone, by email or on your doorstep, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

9.2 You have 14 days to change your mind for online, telephone, email and doorstep sales only, and you pay costs of return.

• • You cannot change your mind about an order for:

     

    • • services, once these have been completed or if you instruct us to commence these before the 14 days have expired;

9.3.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

9.3.3 goods that are made to your specifications or are clearly personalised; and

9.3.4 goods which become mixed inseparably with other items after their delivery, including by way of installation of the goods.

9.4 If you change your mind about a product, you must let us know no later than 14 days after:

9.4.1 the day we deliver your product, if it is goods, for example an air conditioning unit. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery;

9.4.2 the day we confirm we have accepted your order, if it is for a service, for example installation.

9.5 To let us know you want to change your mind, contact our Customer Service Team at office@allcomfortsolutions.com or 020 86691112.

9.6 If your product is goods, you have to return it (or organise an opportunity for us to collect it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost unless we offered free returns when you bought the goods.

9.7 We do not refund any extra you have paid for express delivery or delivery at a particular time.

9.8 If we have commenced the installation services within the 14 days on your instructions, we do not refund you for the time undertaken before you told us you had changed your mind and depending on how far progressed the services are, you may not be able to cancel the contract at all. We will not be liable for any damage caused should you look to cancel the contract after the services have commenced.

9.9 If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, the product-branded packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team, which can be contacted through 020 86691112 can advise you on whether we are likely to reduce your refund.

9.10 If your product is a service or goods that have not been delivered or that we are collecting from you, we will refund you as soon as possible and within 14 days of you telling us you have changed your mind. If your product is goods that you are sending back to us, we will refund you within 14 days of receiving them back from you, collecting them from you or receiving evidence you have sent them to us. We will refund you by the method you used for payment. We do not charge a fee for the refund.

9.11 If you cancel your instructions prior to any work being carried out or materials supplied, but after the cancellation period referred to at clause 9.2, then you shall be liable for any related expenditure together with the profit that would have been made by us had the work been carried out and/or materials supplied in accordance with such instructions.

9.12 We may suspend or cancel the order and/or contract with you, by written notice if:

9.12.1 you fail to pay us any money when due (under the order or otherwise);

9.12.2 you become insolvent or bankrupt;

9.12.3 you fail to honour your obligations under these terms.

9.13 We tell you when and how you can end an on-going contract with us during the order process and we confirm this information to you in writing after we have accepted your order. If you have any questions, please contact us on office@allcomfortsolutions.com.

10. Waiver and variations

10.1 Any waiver or variation of these terms is binding in honour only unless:

10.1.1 made (or recorded) in writing;

10.1.2 signed on behalf of each party; and

10.1.3 expressly stating an intention to vary these terms.

10.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

11. Force majeure

11.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.

11.2 We shall not be liable for any delay or for the consequences of any delay in performing any of our obligations if such delay is due to any cause whatsoever beyond our reasonable control, and we shall be entitled to a reasonable extension of the time for performing such obligations.

11.3 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

12. Condensate drains

12.1 On occasion, where extreme differences in temperature are experienced between the coil in the fcu and the ambient temperature in the space / room it is designed to cool, condensation can occur. To mitigate any build-up and / or dripping of same, we will endeavour to run a ‘gravity drain’; where this is not possible, we will install a ‘condensate pump’.

12.2 Please note that the associated mechanical ‘noise’ can be deemed intrusive, particularly in a bedroom. However, this is an expected normal occurrence with this kind of equipment and is something that is further explained during sale and installation of the equipment. We will not be held responsible for any nuisance this may cause and if, following completion of the works, you request the product to be de-installed and removed, we shall have the right to charge our reasonable costs for doing so.

13. Planning consent and/or permission

13.1 Under this contract, it is your responsibility to obtain the necessary permissions, approvals and consents from the local authority or any other regulatory body, whose permission, approval or consent may be required for both internal and external installations, including either the building owner or Estate Manager regarding permission or licence to carry out the work as detailed.

14. Caveat (Water Cooled System)

14.1 When connecting to an existing or new plant installed by others, flow rates and suitability must be validated prior to installation and commissioning. Failure to meet the minimum operating criteria may result in additional componentry, materials and/or costs. It is your responsibility or if applicable, your main contractor to ensure adequate water supply as per the data sheets submitted, and to seek any permissions for the use of mains water to waste.

14.2 As is explained to you before an order is made, the equipment you will be acquiring uses water to waste, and its regulation will be explained to you before an order is made to best equip you with the necessary knowledge. Due to different needs of consumers, the water consumption depends on usage and you should satisfy yourself that you are comfortable with the costs for such determined by your consumption.

15. General

15.1 English law is applicable to any contract made under these terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall.

15.2 The English courts have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

15.3 If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability).

15.4 If any of these terms are unenforceable as drafted:

15.4.1 it will not affect the enforceability of any other of these terms; and

15.4.2 if it would be enforceable if amended, it will be treated as so amended.

15.5 We may treat you as insolvent if:

15.5.1 you are unable to pay your debts as they fall due; or

15.5.2 you (or any item of your property) becomes the subject of:

15.5.2.1 any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);

15.5.2.2 any application or proposal for any formal insolvency procedure; or

15.5.2.3 any application, procedure or proposal overseas with similar effect or purpose.

15.6 All brochures, catalogues, technical literature and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us, and you should not rely on them in entering into any contract with us.

15.7 Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.

15.8 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.

15.9 The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:

15.9.1 are contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or

15.9.2 expressly state that you may rely on them when entering into the contract.

15.10 You can find everything you need to know about us, All Comfort Solutions Ltd (ACS), and our products  on our website  or from our sales staff before you place an order with us. We also provide you with a copy of the Quotation and these accompanying terms and conditions when you place an order, either by email or on paper.

15.11 How we use any personal data you give us is set out in our Privacy Notice: https://acs-installations.co.uk/environmental-policy/.

15.12 Our Customer and Aftersales Service Team: https://acs-installations.co.uk/contact-us/ will do their best to resolve any problems you have with us or our products as per our Complaints policy which is available on request.

16. Definitions

16.1 The following definitions and rules of interpretation apply to this agreement:

“We”,” Us”,” Our”,” ACS”       means All Comfort Solutions Ltd of 73 Park Lane, Croydon, England, CR0 1JG and company number 07932267;

“You”              means you, the party named on the Quotation as receiving the goods and/or services from us;

“Quotation”    means the written quotation to which these terms and conditions are annexed detailing the goods and services to be provided and the price payable.