CUSTOMER TERMS AND CONDITIONS

Please read the following terms and conditions as they will tell you about the agreement you will enter into once you accept our quotation.
R J Williams and O D Williams (“we”,”us”,or “our”), of 61 Priory Close, Ivybridge, Devon PL21 9JG Trading as All Seasons Air Conditioning and Heating, agree to supply the Services to you, the Customer, in accordance with the conditions set out below.

1. Introduction
“Services” means the supply of goods and/or services set out overleaf which we (or our agents or subcontractors) agree to supply in accordance with these terms and conditions.

• “Premises” means the premises as specified overleaf.
• “Price” means the price for the provision of the Services as specified overleaf.
• Any variation to these conditions shall not be binding unless made between us in writing.
• If our agents or subcontractors provide information regarding the Services which are not included in these conditions it will not form part of this agreement unless it has been specifically agreed between us in writing.
• Please note that any information contained in our catalogues, price lists, advertisements or other promotional documentation is only intended to provide a general description of the Services. Such information is not to be taken as part of the contract between us.
  2. Orders and Quotations
• 2.1 When we provide a quotation we are not committing ourselves to providing any services & goods to you. We reserve the right to withdraw or change our quotation at any time before our written acceptance of your order.
• 2.2 Where a quotation is provided it is done so on the assumption that the condition of your premises is suitable for the supply of the “Services” requested and that all necessary facilities, services and supplies (including without limitation Electricity) are already supplied and installed at the Premises. If it subsequently transpires that the Premises are not suitable or that all necessary services, facilities and supplies are not available at the Premises we will inform you:-
• 2.2.1 of the required changes or improvements to be put in place before we can supply the Services.
• 2.2.2 what effect this will have on the price. If you are not in agreement as to the revised Price you may terminate the agreement between us by giving us notice in writing within 7 days from date of notification to you of the revised Price.
• 2.3 Any quotation provided is on the basis of a cash sale. We reserve the right to withdraw or change our quotation. By entering into this agreement without limitation, you consent to and authorise our, or a third party on our behalf, carrying out such credit checks and enquiries as we feel necessary. Subject to satisfactory results from necessary credit checks and enquiries we will be in a position to commence supply of the Services.
• 2.4 A survey of the Premises may be required before a quotation for the supply can be given. In the event that we consider the Premises are not suitable for the supply of the Services requested we reserve the right to withdraw or revise any quotation or cancel any order already accepted.
• 2.5 We reserve the right to substitute any goods of an equivalent standard and quality with those goods specified if needs be. We will keep you informed in this regard.
• 2.6 Following the placement of your order with us for the supply of Services we have not accepted your order until such time as we inform you in writing that it has been accepted. We may choose not to accept your order or to supply the Services until the contractual requirements set out in the following clauses have been satisfied: 2.2.2, 2.3, 2.4, 4.2, 4.3.
  3. Our Obligations
• 3.1 We agree to exercise reasonable care and skill in the carrying out of the Services and will make all reasonable efforts to ensure the goods supplied to you will be of satisfactory quality.
• We will accept liability for death or personal injury caused by our negligence.
• We reserve the right to alter the specification in circumstances in which it is required for the safe and efficient completion of the installation.
• We agree to remove and dispose of any goods which are being replaced by the goods supplied in connection with the Services (other than those listed overleaf or in respect to hazardous substances including asbestos) and will do so unless we receive notice from you to the contrary.
  
  4. Your Obligations
• 4.1 You are responsible for providing our agents and our subcontractors access to your Premises at reasonable times so that they can carry out the Services. You also agree for so long as is reasonable for the purpose of providing the Service to allow us to use your Premises to store equipment used in the supply of the Services. Whilst at your Premises the equipment is stored at your risk save in relation to negligent acts of ours, our agents or subcontractors, pending passing of title, at which point risk shall pass to you in full.
• 4.2 It is your responsibility to:-
• 4.2.1 Notify your local building control office as is necessary and to provide all permissions and consents (including without limitation) planning permission and building consent required prior to commencement of the Services.
• 4.2.2 ensure that all necessary facilities, services and supplies set out in clause 2.2 above are provided. In the event that the supply of Services is prevented or delayed by more than 56 days on account of default of your obligations set out in Clauses2.2 and 4.2.1 above we reserve the right to terminate this agreement and require payment of such sum as will recompense us for the costs incurred.
• Prior to commencement of supply of the Services it is your responsibility to:-
  4.3.1 clear all furniture and fittings from any areas effected by the supply of the Service
• 4.3.2 remove any flooring other than normal soft wood floorboards, including without limitation, chipboard, parka flooring or tiles.
• 4.3.3 lift, and following the supply of the Services, replace all carpets and floor coverings; and
• Unless specifically provided for in our quotation, it is your responsibility, where necessary following installation to tend to the removal of any hazardous materials including those containing asbestos.
• It remains your responsibility to attend to any repair work or decoration caused by the supply of the Services. Although we will make reasonable endeavors to avoid unnecessary damage, it remains your responsibility to undertake and meet the costs of any repair or redecoration of the walls, skirting boards, floors, floor coverings and carpets necessitated by the performance of the Services where we have not been negligent in the supply of the Services.
• Where property of, ourselves, or our agents or subcontractors is left at your Premises in connection with the supply of the Services, you will be responsible for such property, except when either we, or our agents or subcontractors are on site and you will indemnify us for any loss caused to us by harm to such property other than by reason of a wrongful act or omission by ourselves, our agents or subcontractors.
  5. For your information
• Where for reasons beyond our reasonable control (which for the avoidance of doubt will include any strike or other industrial action by employees or agents or subcontractors) we are unable to comply with these conditions we will not have liability to you for breach of contract.
• On conclusion of this contract we will make reasonable endeavors to carry out the Services within the time constraints indicated to you. However, we cannot be held responsible for the delays caused by circumstances beyond our reasonable control although we will supply the Services as soon as reasonably possible.
  6. Price to be paid
• 6.1 The price quoted for the Services will include all applicable value added tax at the current rate.
• 6.2 The price shall be inclusive of delivery costs unless specified to the contrary.
• 6.3 If you require any changes to the Services or there are any unforeseen delays which are not our responsibility, this may result in increases to the price.
  7. Payment
• 7.1 You will be invoiced on or following the date on which the installation of the goods supplied thereunder is completed to our reasonable satisfaction unless you are notified otherwise.
• 7.2 Unless otherwise agreed between us, payment should be made within 7 days of the date of our invoice failing which, interest may at our sole discretion be charged on the balance outstanding at the rate of 4% per annum above the current base rate of Midland Bank PLC, compounded monthly, until payment is made whether before or after judgment.
• 7.3 You will not be entitled to a right of set off in respect of any moneys which you owe us in relation to any claim made against us.
  8. Retention of Title
• 8.1 Tile of the goods supplied thereunder shall remain with us until the price in full has been paid in respect of supply and installation thereof.
• 8.2 In the event that any moneys are owed to us in respect of this agreement we reserve the right to recover and sell any goods supplied to you in connection with the provision of the Services. We will have no liability in respect to any damage caused in the removal of such goods.
  9. Guarantee
• 9.1 Subject to the limitation of liability set out below, the Services will be guaranteed free from defects in materials and workmanship for a period of twelve months from the date of installation (as identified on the completion certificate) except where;
• 9.1.1 you have defaulted in any of your payment obligations or
• 9.1.2 you have willfully misused or damaged the goods supplied, or
• 9.1.3 you have failed to follow any instructions provided with the goods, or
• 9.1.4 you have attempted any unauthorized repair of the goods supplied, or
• 9.1.5 any defect is the result of normal wear and tear.
• 9.2 Where we supply goods to you manufactured by third parties our guarantee only extends to passing on such guarantee as we received from them.
• 9.3 In the event of any valid claim being made under the guarantee by you within the twelve month guarantee period we agree, at our sole discretion to either repay to you the Price or such portion of the Price as relates to the defective goods or Services in question or replace any defective goods with goods of a materially equivalent specification or re-execute any defective works following which we will have no further liability to you.
• 9.4 The guarantee provided will not effect your statutory rights.
• 9.5 We will only be liable for damage, loss or expense, however caused, to the extent that it is entirely due to our proven negligence, or that of our agents or subcontractors. In any event, our liability for damage to real or personal property shall be limited to the property’s replacement value or cost of repair. We will not be liable in any way for damage which is indirect or consequential.
  10. Cancellation
• 10.1 In the event that you become bankrupt or enter into a voluntary arrangement with your creditors, the Price becomes due and payable immediately and we reserve the right to cancel this agreement forthwith or to suspend any further supply of the Services without any liability to you. Such action will be without prejudice to our rights under Clause 8 above.
• 10.2 If you fail to make payment to us in accordance with Clause 7 above or otherwise in breach in any of your obligations hereunder we reserve the right to immediately terminate the agreement between us and cease provision of the Services.
• If you fail to make any payments by the due date or otherwise commit a material breach of this agreement we shall be entitled:
• 10.2.1 to terminate this agreement forthwith or suspend, pending due payment, any further Services to you, and
• 10.2.2 to suspend our obligations to perform any other contract entered into with you.
• 10.3 In the event that we are in breach of our obligations here under you must provide us with written notice of our breach requiring a remedy within 30 days of our receipt of your notice following which you will have the unconditional right to terminate this agreement.
  11. Notices
• 11.1 Any communication contemplated by this agreement to be given to us shall be sent to
  R Williams, 61 Priory Close, Ivybridge, Devon PL21 9JG
• 11.2 Any communication contemplated by this agreement to be given to you will be sent to you at the Premises.
  12. Our Right to Assign
• 12.1 We reserve the right to assign or subcontract any or all of our obligations in respect of the services.
• 12.2 This contract is personal to you and is not therefore assignable by you to any other person.
  13. General
• 13.1 In the event that we choose not to pursue any action against you this will not affect our rights subsequently to so do.
• 13.2 Each provision of this agreement shall be construed separately
• 13.3 Where a court finds that any conditions herein to be invalid or enforceable this will not affect the remainder of the agreement between us. In particular, if one or more provisions, or parts thereof, is or are held to be against the public interest, an unreasonable restraint of trade, or unlawful, the remaining provisions, or remaining parts thereof, shall continue to bind us.
• 13.4 The terms of this agreement shall be subject to the laws of England and Wales and to be non-exclusive jurisdictions for courts of England and Wales.

  Supplementary terms and conditions for motor vehicle air conditioning Service R J Williams and O D Williams (“the Company”), of 61 Priory Close, Ivybridge, Devon PL21 9JG Trading as All Seasons Air Conditioning and Heating, agree to supply the Services to you, “the Customer”, in accordance with the conditions set out below. These terms and conditions are in addition to All Seasons Air Conditioning and Heating’s standard terms and conditions available on request. They cover areas specific to MVAC, (motor vehicle air conditioning) Service as carried out by All Seasons Air Conditioning and Heating. The Customer acknowledges that this contract exists exclusively between the Customer and All Seasons Air Conditioning and Heating. The Customer hereby confirms that he or she is authorised to request the Service detailed over and will indemnify the Company of any action by any other party or parties or any consequences of any action taken by any other party or parties with a legitimate claim to the vehicle. The Customer warrants that the vehicle presented for Service is legitimately in his or her possession and that the vehicle, where it is a legal requirement, is in a roadworthy condition and where appropriate is taxed, insured and is subject to a current Ministry Of Transport test certificate. The Customer agrees to use his or her best endeavours to keep persons, children and animals away from the area where the Service is taking place. The customer accepts that the Company may suspend or curtail the Service if persons, children or animals are in the vicinity of the vehicle. The Customer accepts that the vehicle is placed in the exclusive custody of the Company for the purposes of carrying out the Service and that they will not interfere in any way with the procedures of the Company whilst carrying out the Service and they will also use their best endeavours to stop, over whom they have control, interference by others. The Customer agrees to give the Company exclusive access to the vehicle up to the point where payment has been completed in consideration for the Service provided by the Company. The Customer agrees to pay on demand any moneys due in the means required by the Company. The Customer agrees to provide, at his or her own cost, sufficient fuel to complete the service and will not make any claim for fuel used in connection with the Service. The Company will not be held responsible for any loss, consequential or otherwise for a vehicle running out of fuel whilst carrying out the Service. The Customer confirms that, where the Service is to be carried out on premises other than his or her own that they have been granted full permission, by those in legitimate control of the property, for the Service to be carried out on the property. The Customer indemnifies the Company for any loss, consequential or otherwise incurred by the Company in any circumstance where Service is curtailed because the Customer has failed to obtain such permissions or any actions by others relating to such circumstances. The Customer agrees that where the Company makes use of services such as electricity, or water etc., connected to the premises no charges will be made by the Customer or any other party for the use of such services. The Customer agrees to pay any legitimate charges raised by any party with regard to such services. The Customer agrees to make his or herself available to the Company whilst the Service is being carried out. The Customer agrees to not put any time constraints on the Company with regard to the Service and will allow, once started, as much time as is deemed necessary by the Company to complete the Service. The Company will use its best endeavours to complete the Service as requested by the Customer. If at any time for the reason of safety to persons, property or the environment the Company feels that it would be improper to proceed with the Service then the Company will provide an explanation of its decision to terminate the Service and the Customer will accept the judgement of the Company. In the event that the Service is terminated prematurely in such circumstances then the Customer agrees to pay the minimum call out charge as detailed over. The Company may suspend the Service at any time if, in the opinion of the Company, weather conditions make Service unsafe or impractical. In these circumstances, provided that the Service is completed at another time within 14 days of commencement, charges as detailed over will apply on completion. If the Service is not completed within 14 days of commencement then, at the discretion of the Company, the minimum call out charge, as over, will apply and no further Service will be carried out. At the discretion of the Company any product or products including gas, lubricants filter, seals or tubing removed from the vehicle during the service shall, without consideration, immediately become the property of the Company and may be disposed of in any way that the Company feels fit. The Customer accepts that no refrigerant gas or oil removed from a vehicle will be reinstalled. All products removed will be disposed of in an environmentally friendly manner and in accordance with any hazardous waste regulation in force. Unless otherwise agreed a minimum call out charge as detailed over shall apply to each visit and shall be the minimum charge made as a result of a visit by the Company. The Customer agrees to pay this in the event of a partly completed or cancelled Service. The Company will use its best endeavours to arrive at a time agreed between the Customer and the Company. The time agreed between the Customer and Company for the commencement or re-commencement of Service shall be regarded as an estimate and the Customer will not make any charge against the Company in the event of late arrival. The Company will, at its discretion, raise additional charges in the event that the Company is delayed in carrying out the Service as requested by the Customer. The customer agrees that the company will not be liable in the event of a part of the air conditioning system fails either during or after the gassing procedure and agrees to pay the price agreed for the re-gas.   ******************************** Please note: Service is only available on vehicles with air conditioning/climate control systems suitable for R134a refrigerant gas. This information should be visible on a label fitted in the engine compartment. Most vehicles manufactured 1995 onwards should be fitted with R134a compatible systems. Earlier models may have been fitted with R134a compatible systems or may have been converted from R12. If a vehicle has been converted then there should be a label indicating that somewhere in the engine compartment. R12 is no longer available and if you want to use an R12 system that is low on charge then it will have to be converted to R134a. Conversion should be available from your dealer. If a vehicle is charged with R12 then it will not be suitable for Service by The Company. On some vehicles, when the air conditioning system/climate control system has been allowed to run very low on gas, the onboard computer will not allow the system to run, even though the system has been recharged correctly, until the fault codes that have been recorded have been cleared. This procedure may require specialist equipment and or procedures only available to your dealer and as such you may be referred to them for this work. Your air conditioning system/climate control system may have a fault or faults other than low gas that may be stopping it from functioning correctly or at all, even though the system has been charged correctly, and you may be referred by us to your dealer to have items, not covered in our service procedures, repaired. In either case any charges for work completed by your dealer or any third party will be at your cost and the price quoted for the service will still be payable in full. By their very nature leaks are unpredictable. Leaks can develop over years, months, days or seconds and a system that proves gas sound on a pressure test can develop a leak or leaks during or soon after charging with gas. The action of the compressor cannot be replicated by the use of nitrogen and therefore the customer acknowledges that the company will not, in the event of component failure, be liable for leaks and/or the resultant loss of the gas charge. The customer agrees that they will pay the price of the re-gas in the event of loss of gas charge in such circumstances. As we offer a mobile service we are not equipped with the necessary facilities or equipment to carry out major repair work. In some cases it may not be legal to carry out certain work in a public place. Whilst we will fit the correct refrigerant gas and equivalent type and viscosity of oils we do not generally use OEM supplied oils or gasses in our service procedures. All offers are subject to change without notice. Some elements of service work, for reasons of practicality or expedience may not be available to all models. Some areas of service work may not be applicable to all models It is illegal to vent refrigerant gasses to atmosphere. If, when servicing, it is discovered that the air conditioning system/climate control system has a significant leak the service will be curtailed until the leak has been remedied by your dealer. It is illegal to mix refrigerant gasses. If, when servicing, the gas within the air conditioning system/climate control system is found to contain gas less than 98% pure (excluding air) the service will be curtailed until such time as the system has been evacuated by the dealer. If your vehicle is under warranty you may invalidate your warranty if you employ the services of someone other than your official dealer to carry out work on your vehicle. If you are in any doubt then please consult your dealer or vehicle manufacturer. No part of these terms and conditions shall constitute legal advice - customers are advised to seek council from suitably qualified persons.