Terms of service

TERMS AND CONDITIONS OF SERVICE
Air Conditioning One Ltd

1. INTERPRETATION

1.1 In these Terms, the following definitions apply:

• “Buyer” means the person, firm or company who purchases Goods from the Company.
• “Company” means Air Conditioning One Ltd.
• “Contract” means any agreement between the Company and the Buyer for the sale and purchase of Goods incorporating these Terms.
• “Goods” means any goods supplied by the Company, including (but not limited to) materials, equipment, spare parts, and any items supplied, serviced, repaired, loaned or hired.
• “Partner” means a partner, director or authorised signatory of the Company.

1.2 References to legislation include any amendments or re-enactments.
1.3 Words in the singular include the plural and vice versa.
1.4 References to one gender include all genders.
1.5 Headings are for convenience only and do not affect interpretation.

2. APPLICATION OF TERMS

2.1 These Terms apply to all Contracts to the exclusion of any other terms the Buyer seeks to impose.
2.2 Variations to these Terms are only valid if agreed in writing and signed by the Company.
2.3 The Buyer acknowledges it has not relied on any statement not expressly included in the Contract.
2.4 Each order constitutes an offer by the Buyer to purchase Goods.
2.5 A Contract is formed only when the Company issues written acceptance or delivers the Goods.
2.6 The Buyer is responsible for ensuring order details are accurate.
2.7 Quotations are valid for 30 days unless stated otherwise.
2.8 The Company may amend these Terms with 30 days’ notice.

3. PRICE

3.1 Prices are those in force at dispatch or as agreed in writing.
3.2 The Buyer shall pay any additional costs arising from delays caused by the Buyer.
3.3 The Company reserves the right to adjust prices to reflect increases in costs.

4. PAYMENT TERMS

4.1 Payment is due in full before delivery unless a credit account is agreed.
4.2 Credit account payments are due by the end of the month following invoice.
4.3 Exceeding credit limits makes the excess immediately payable.
4.4 If payment is late, the Company may:

• suspend supply;
• recover all debt recovery costs;
• charge interest under the Late Payment of Commercial Debts Regulations.

4.5 The Company may set or vary credit limits at its discretion.
4.6 Payment is only received when cleared funds are received.
4.7 All sums become immediately due upon termination of the Contract.
4.8 Payments must be made in full without deduction unless required by law.

5. RETENTION OF TITLE

5.1 Ownership of Goods remains with the Company until all sums due are paid in full.
5.2 The Company may enter premises to inspect or recover Goods.
5.3 Goods are deemed unpaid stock until settled in full.

6. RISK

6.1 Risk passes to the Buyer when Goods leave the Company’s premises.
6.2 Until ownership transfers, the Buyer must:

• store Goods separately;
• insure and protect them;
• identify them as Company property.

6.3 The Buyer may resell Goods in the ordinary course of business but acts as principal.
6.4 The Buyer’s right to possession ends if insolvency events occur.

7. SPECIFICATION

7.1 Product descriptions in marketing materials are indicative only.
7.2 The Company may make reasonable changes to design or materials without notice.

8. INSTALLATION & DEFECTS

8.1 Where installation is not provided, the Buyer is responsible for correct assembly.
8.2 The Company will repair, replace or refund defective Goods in accordance with applicable law.
8.3 This is the Company’s sole liability for defective Goods.

9. INFORMATION & ADVICE

9.1 Advice is provided without legal responsibility.
9.2 The Buyer is responsible for determining suitability of Goods.

10. LIMITATION OF LIABILITY

10.1 The Company’s total liability shall not exceed the Contract price.
10.2 The Company shall not be liable for:

• loss of profit;
• loss of business;
• indirect or consequential losses.

10.3 Nothing excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• any liability which cannot legally be excluded.

11. DELIVERY

11.1 Delivery dates are estimates only.
11.2 Claims for damage or shortage must be made within 3 days of invoice.
11.3 Delivery charges may vary.
11.4 The Company is not liable for non-delivery.

12. RETURNS

12.1 Returns are not accepted for correctly supplied or bespoke Goods.
12.2 Accepted returns may incur a 20% handling fee.
12.3 Goods must be in resaleable condition with proof of purchase.

13. GUARANTEES

13.1 The Company passes on manufacturer warranties where applicable.
13.2 Guarantees apply only within the UK unless agreed otherwise.
13.3 Guarantees are void in cases of misuse or damage.

14. FORCE MAJEURE

The Company shall not be liable for delays or failures caused by events beyond its reasonable control.

15. ASSIGNMENT

The Buyer may not assign the Contract without written consent.

16. MISCELLANEOUS

16.1 If any provision is invalid, the remainder shall remain in force.
16.2 No third party may enforce this Contract under the Contracts (Rights of Third Parties) Act 1999.

17. DATA PROTECTION AND PRIVACY

17.1 The Company shall process personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

17.2 Data Controller
For the purposes of data protection law, Air Conditioning One Ltd is the data controller of personal data provided by the Buyer.

17.3 Personal Data We Collect
The Company may collect and process the following types of personal data:

• contact details (such as name, address, email, and telephone number);
• financial and credit information;
• transaction and account history;
• any other information necessary to fulfil the Contract.

17.4 Lawful Basis for Processing
Personal data will be processed on one or more of the following legal bases:

• performance of a Contract with the Buyer;
• compliance with legal obligations;
• legitimate interests (including credit control, fraud prevention, and business administration);
• consent (where required, such as for marketing communications).

17.5 Use of Personal Data
The Company uses personal data to:

• supply Goods and services;
• manage accounts and payments;
• carry out credit checks and prevent fraud;
• communicate with the Buyer;
• comply with legal and regulatory obligations;
• improve products and services.

17.6 Sharing of Personal Data
The Company may share personal data with:

• credit reference agencies;
• financial institutions;
• debt collection agencies;
• service providers and subcontractors;
• regulatory authorities where required by law.

All third parties are required to respect the security of personal data and to process it in accordance with the law.

17.7 International Transfers
Where personal data is transferred outside the UK, the Company will ensure appropriate safeguards are in place in accordance with data protection laws.

17.8 Data Retention
Personal data will be retained only for as long as necessary to fulfil the purposes for which it was collected, including legal, accounting, and reporting requirements.

17.9 Data Security
The Company implements appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or misuse.

17.10 Buyer’s Rights
Under data protection law, individuals have rights including:

• the right to access their personal data;
• the right to correct inaccurate data;
• the right to request erasure (in certain circumstances);
• the right to restrict or object to processing;
• the right to data portability;
• the right to withdraw consent where applicable.

Requests to exercise these rights should be made in writing to the Company.

17.11 Marketing Communications
The Company may use personal data to provide information about products and services where permitted by law. The Buyer may opt out of marketing communications at any time.

17.12 Complaints
If the Buyer has concerns about how their data is handled, they may contact the Company. They also have the right to lodge a complaint with the Information Commissioner’s Office (ICO).

18. PRODUCT IMAGES

Product images are illustrative only and may differ from actual Goods.

19. GOVERNING LAW

This Contract is governed by the laws of England and Wales.

These Terms and Conditions apply from the date of issue and supersede all previous versions.