Terms & Conditions
1. PERIOD OF TENDER: Tenders are conditional upon acceptance in writing within 30 days of the date listed or such longer period as may be agreed in writing.
2. WORKS AND FEES NOT COVERED IN THE TENDER: Tenders cover the items of the specification only, and unless expressly stated, does not include any of the following for whatever purpose they may be required, viz.: Builders’, Masons’, Plumbers’, Painters’, Electricians’, or any other trades’ works: supply and erection of scaffolding, ladders or moveable platforms, hoisting and/or lowering gear, off-loading and positioning material, fuel, water, gas or electric current, lighting, fees of district surveyors, insurance inspectors or any other inspecting authority.
3. TERMS OF PAYMENT: Account customers – strict 30 days net monthly. Others- as agreed with the company.
4. PROGRESS PAYMENT: Coolwell may, at its discretion, invoice for progression payments at the rate of up to 90% of the value of (1) goods delivered to the site (weather fixed or unfixed) and (2) works executed from time to time, and the balance shall be due within 30 days from the date of completion.
5. PRICE FLUCTUATION: Tenders are based on the market prices and rates of materials, labour, subcontracts and transport rating at the date of tender. We reserve the right to amend the tender price and rates to meet any variations in these prices and rates due to legislation, Government orders, Regulations or Directions, changes in the National Agreements covering wages and conditions in the Industry or any other cause beyond our control occurring between the date of the tender and the completion of the work.
6. SITEWORK: Where site work is involved our tender assumes that’s such work can be carried out continuously in one visit to site with a separate visit for final commissioning. If due to causes beyond our control, this work is unable to proceed without interruption, we reserve the right to charge for additional costs involved. Tenders are based on work being executed during recognised normal working hours, and overtime when authorised by the customer will be charged.
7. MATERIALS: The property in unfixed materials shall not pass until all materials shall have been paid for in full. All materials on the site fixed or unfixed are at the sole risk of the customer and in the event of any of the same being damaged, destroyed or stolen, we shall be entitled to full payment therefore and also for any work damaged, destroyed or lost, and the cost of replacing any such materials and of reinstating or restoring any such work shall be charged as an extra, provided that the customer shall not be responsible for any loss occasioned solely by the negligence of our employees.
8. FIRE RISK EXEMPTION: Not withstanding anything contained in clause 6 hereof, the customer shall be solely responsible for all the loss or damage to the contract works arising from fire howsoever caused including unfixed materials on site for the purpose of carrying out the contract works and shall indemnify the supplier against such loss or damage.
9. WARRANTY: Goods supplied are guaranteed against defects in materials or workmanship arising in normal use and service for a period as stated by the manufacturer from the date of original installation, provided the customer gives us written notice of the alleged defect. Our obligation shall be limited to furnishing and repairing without charge, a similar part to replace any part proven to have been defective. No allowance will be made for repairs or alterations carried out to the goods made without our written consent.
10. DRAWINGS AND DATA: We accept no responsibilities for any drawings, designs or specification not prepared by us. Unless stated, drawings provided by us shall be binding as to detail and such drawings and data shall be on loan only and be returned upon request.
11. THIRD PARTY LIABILITY: We shall not be liable for any claim weather brought against the customer or against us either under any Statute or at Common Law by any person arising from any cause other than out negligence or that of our employees and the customer shall indemnify us against any such claim and the cost of any legal proceedings.
12. COMPLIANCE WITH LAW AND GOVERNMENT REGULATIONS: Acceptance of our tender constitutes a warranty and representation by the customer that he has complied with every applicable Statute Order in Council Regulations or Direction Bye-Law or other lawful requirements or instruction whether of the Government or of any local or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work.
13. COMPLETION AND DELIVERY: We shall make every effort to complete an order by the time stated but she shall not be liable for delays due to strikes, lock-outs or other causes and restrictions beyond our control.
14. DESPATCH IN LOTS: We shall have the right to despatch any portion(s) of the goods covered by this contract, and to invoice the customer for such portion(s) so despatched on the same terms and conditions set forth herein.
15. STORAGE: Should the customer notify us that they are unable to receive or provide suitable storage space for the goods or any portion thereof about to be or having been dispatched, or should we have not received delivery instructions in respect of goods or a portion of goods which are ready for dispatch and in respect of which the customer has been sent a notice of readiness (and seven days has elapsed since dispatch of such notification or the customer has acknowledged the notification) the goods or portion thereof will be stored at the customers risk and expense including all demurrage charged so incurred.
16. EQUIPMENT SUPPLY: All performance data is subject to standard tolerance. In view of the policy of continuous research and development, models and specifications are liable to alteration without notice.
17. CANCELLATION OF CONTRACT: Any order maybe cancelled or varied by the customer only with our consent and upon payment of reasonable cancellation or variation charges. Such charges shall take into account expenses incurred and commitments made by us and all other losses due to such cancellation or variation.
18. CONDITIONS OF SALE: all goods remain the property of the vendor until paid for in full. Where a warranty is applicable, it will not be effected until goods are paid for in full and any works carried out by a third party will invalidate the warranty.
19. DEFAULT: If a bankruptcy notice, petition or winding up petition shall be presented against the Client or any resolution to wind up the Client shall be passed or if a Receiver of the assets (or any part thereof) of the Client shall be appointed, or if the Client shall commit any breach of its obligation hereunder, then the supplier may fore with (and without prejudice to any other right or remedy of the Suppliers).
(a) Suspend or determine this agreement or any unfulfilled part thereof and
(b) Stop any goods in transit and
(c) Recover any goods from the Client title to which has not passed to the client
(d) Forfeit any deposit paid.
20. USE OF WEBSITE:
Coolwell attempt to ensure the smooth running and availability of this website at all times however, due to the nature of the internet uninterrupted service is not guaranteed.
Occasionally it will be necessary for us to complete essential maintenance to this site. At these times, we will do our utmost to insure minimal disruption to our Customers.
The Coolwell website must not be used by you in a way that is likely to cause interruption to its service, or cause damage to its content or functions. This website must not be used for any fraudulent or illegal purposes.
– Electronic Communications (e-mails)
When you use our website and send e-mails to us you are communicating with us electronically. By doing this you consent to receive e-mails from us in return and agree that these electronic communications are the equivalent to written communication and therefore would satisfy any legal requirement that such communication be in writing.
You are responsible for any content sent by your computer to Coolwell e-mail addresses. You must not send e-mails which cause annoyance or inconvenience, or that impersonates another person or entity, or contains content which misleads Coolwell or its staff. Any communications sent by you must not contain viruses or include content which is considered: Disruptive, offensive or abusive, illegal or fraudulent, obscene or ‘Spam’.
– Website Links to and from other websites
The Coolwell website offers reciprocal linking to websites deemed to be of use or interest to our customers. Although we allow these links we do not endorse, routinely review or have any control over their websites, and as such cannot be held responsible for their content or availability. Should you choose to use one of these links you will leave this site, at that point we hold no responsibility over the general running of the selected website or the company’s general business practises.
– Copyright & Database Rights
The use of any material content or information in this website is strictly prohibited. All intellectual property rights, trademarks and other content including, software, script, information, logos, images, audio, text, pricing and graphics are the property of Coolwell or its affiliates and is protected by English copyright law.
With the exception of links to our website from websites deemed suitable and of use or interest to our customers, our consent is required before you copy, download, sell or reproduce any content including logos, for the purpose of publishing, use in other websites, databases or any other commercial activity.
Any unauthorised use of this site or its content terminates the permission granted by Coolwell for use.
– Confidentiality and Data Protection
All confidential information is held securely and only transmitted in encrypted form. Customer details are used in accordance with the data protection act.
As a customer you agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.
21. LIABILITY: Our liability shall be limited as herein provided and in no event shall such liability include consequential damages of any nature whatsoever. We reserve the right to make any changes to our terms and conditions without notice. You will be subject to the current terms and conditions at the time of your order, with the exception of any changes that are required by law or government authority which will be applicable to any orders placed at any time past, present or future.
Should we deem any of the terms and conditions void or unenforceable, it will be severed from all other conditions, and will not affect the validity and enforceability of all other conditions.
We make no assurances that our website will meet your requirements and we cannot be responsible for any loss of content or material uploaded or transmitted through this website.
Coolwell will not be responsible for any losses suffered by you as a result of breaching these terms and conditions if the losses were reasonably foreseeable by you and us, when you commenced using our website, or placed an order with us.
Should a business choose to purchase products for any reason including re-sale, we will not be responsible for any losses of profit, revenue, contracts, reputation, goodwill, wasted expenditure or any other consequential loss to that business.
22. WAIVER: Should you breach these terms and conditions and we choose not to take action, we reserve the right to still use our rights in any other situation where these conditions are breached.
23. STATUTORY RIGHTS: All content included in these terms and conditions does not affect your statutory consumer rights.
24. LAW: All agreements entered into by us and there Terms and Conditions shall be construed in accordance with the Law of England.