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The ClimateWorks Terms & Conditions Policy

Terms & Conditions

Last update: 6th December 2024

BETWEEN

ClimateWorks UK Ltd, 11 Vickers House, Priestley Road, Basingstoke RG24 9NP (“the Supplier”);
and
Individuals, Companies and Organisations that may take Goods and Services from the Supplier (“the Customer”).

Definitions

“Goods” means the hardware and materials as supplied by the Supplier to the Customer to facilitate the agreed services.

1. Quotes & Charges

a) The quoted price of the Supplier is valid at the time of quotation but may increase if the Customer order is placed after the noted quotation expiry date.

b) Upon completion of work i.e., Installation, Service or Fault Diagnoses, a job sheet (PAPER) or (SOFTWARE) will be filled out by the engineer who has attended the site, which will then be offered to the Customer or agent of the Customer for signature to confirm agreement that the works and time on site are true and the standard of workmanship is acceptable to the Customer.

c) The acceptance of a quotation for Goods and/or Services by the Supplier constitutes an offer by the Customer to purchase the Goods and/or Services specified in it on these Terms and Conditions and is deemed liable to pay for all services.

2. Hours

All work set out in the quotation will be carried out during normal working hours, which are 8.00 am–5.00 pm Monday to Friday, unless otherwise stated. Access to the Customer's premises is required while work is in progress.

3. Additional Costs May Be Incurred If:

a) In the event the Supplier needs to remove any dangerous waste material, such as asbestos and other materials, which could not have been reasonably foreseen when the original quotation was given, and the Supplier became aware of only when installation/service commences.

b) For any reason, the Supplier cannot gain access to the site, resulting in delays, or the Supplier has been called out and a cancellation is made, if an engineer has or has not reached the site.

c) A Customer has altered a state of installation or changed something mistakenly or purposely, and the Supplier needs to increase labour and/or acquire additional materials.

d) If an Installation takes place and is semi or fully installed but the Customer decides to change their mind about specification and systems, the hardware cannot be returned to the Supplier. Please note that the Supplier does not have a returns policy on all equipment supplied as agreed.

4. Maintenance

a) The Supplier does offer maintenance contracts for systems installed by the Supplier and other qualified third parties.

b) The content of each service event will be in line with the guidance as detailed by the relevant manufacturer.

c) Servicing fees will be agreed in advance.

d) A full report post-service will be provided to the Customer, detailing the work that was undertaken. Any additional work identified during the service will be highlighted to the Customer. In the event the Customer requires the identified additional work to be progressed/delivered, it will be subject to a specific quotation and follow the terms as set out in this set of terms and conditions.

e) Times and dates are variable and will be booked in agreement with both parties.

f) If systems are beyond the normal state, “normal” meaning light dirty to medium dirty, and “beyond normal” meaning extremely filthy that would cause the engineer to spend more time than standard, then the Customer will be charged, based on the agreed hourly rate.

g) If an engineer attends for a maintenance event and the Customer creates a delay, the Customer will be charged at the agreed hourly rate.

h) If the Customer has been quoted a price based on a per-unit basis and, on attendance to site, the engineer's access to the units cannot be made, the Supplier will advise the Customer and the full fee in the quotation will apply.

5. Invoicing, Payments & Late Payments

a) For domestic installations, the Supplier will request that 100% of the full invoice value (including any relevant taxes) is paid before the installation can be arranged (or via finance options).

b) Payments can be made by Debit/Credit card and finance. This will be agreed upon by the parties at the time of payment.

c) The Customer shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person, and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer's fraud, negligence, failure to perform or delay in the performance of any of its obligations under this Contract or agreement.

d) The total price for the Goods and/or Services are due in pounds sterling on the date of the invoice.

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6. Supplier Responsibility

a) The Supplier will ensure all Goods and Services provided conform to agreed specifications and standards as outlined in the quotation or agreement.

b) The Supplier is responsible for ensuring compliance with all relevant regulations and industry standards related to the delivery of the Goods and Services.

c) The Supplier will not be held liable for any delay or failure to perform any obligation under this agreement if the delay or failure is caused by events beyond the reasonable control of the Supplier.

7. Customer Responsibility

a) The Customer is responsible for providing the Supplier with accurate and complete information to ensure successful delivery of the Goods and Services.

b) The Customer must ensure safe and adequate access to the site for the Supplier's engineers or subcontractors, as applicable.

c) The Customer agrees to comply with all relevant laws and regulations regarding the use and operation of the installed Goods.

8. Warranties and limitations of liability

a) The Supplier warrants that the Goods and Services provided will be free from defects in materials and workmanship under normal use for a specified period, as outlined in the agreement or warranty documentation.

b) The Supplier will not be liable for:
i) Loss or damage due to misuse, negligence, or unauthorised modifications by the Customer.
ii) Incidental or consequential damages arising from the use or inability to use the Goods.
iii) Costs associated with repairs carried out by unauthorised parties.

c) Any defects must be reported to the Supplier in writing within the warranty period to qualify for remedies under the warranty.

9. cancellation and termination

a) The Customer may cancel their order or agreement with the Supplier in writing within 14 days of acceptance unless otherwise agreed.

b) The Supplier reserves the right to charge a cancellation fee for any work already completed or materials purchased.

c) The Supplier may terminate the agreement immediately if:
i) The Customer fails to pay any amount due under the agreement.
ii) The Customer breaches any terms and does not rectify the breach within a reasonable timeframe after notice.

10. disputes and governing law

a) In the event of a dispute arising under this agreement, the parties agree to attempt to resolve the matter amicably through negotiation.

b) If a resolution cannot be achieved, the dispute shall be referred to arbitration or mediation in accordance with UK law.

c) This agreement shall be governed by and construed in accordance with the laws of England and Wales.

11. general terms

a) No variation of these terms shall be effective unless agreed in writing by both parties.

b) If any provision of this agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

c) Notices required under this agreement must be given in writing and delivered by hand, post, or email to the address specified in the quotation or contract.

d) The Supplier reserves the right to amend these terms and conditions. Updates will be communicated to the Customer in writing.

12. confidentiality

a) Both parties agree to keep confidential all information disclosed during the course of this agreement unless required by law or mutually agreed upon.

b) The Supplier shall not disclose sensitive Customer information to any third party without prior consent.