Terms & Conditions with Bee Cool ACS in Kettering

Bee Cool ACS Ltd Trading Terms & Conditions

APPLICATION

1 (1) In these Trading Conditions, unless the context otherwise requires: –

• “Contract” means the contract between Bee Cool ACS Ltd and the Customer for the supply of the Services
• “Customer” means the person so described overleaf.
• “Goods” means any goods described overleaf or components to be supplied as part of or ancillary to the Services, and includes any of them or any part of them.
• “person” includes any incorporated or unincorporated body.
•  “Services” means the services described overleaf and includes any or any part of them.
• “Bee Cool ACS” means all Directors of Bee Cool ACS Ltd.
• “Vehicles” means any vehicles in respect of which any Goods or Services are to be supplied.
• “writing” includes email transmission Words in the singular include the plural and vice versa.

(2) These Trading Conditions, the terms overleaf and any special conditions agreed to in writing by Bee Cool ACS Ltd and the Customer are all the terms and conditions which apply to the supply of the Goods and Services and replace any terms or representations referred to in Bee Cool ACS ’ sales literature or elsewhere. If any terms overleaf and/or any special conditions conflict with these Trading Conditions, the former will prevail. The Customer must satisfy himself that all statements or terms relating to the Contract on which he relies are contained in these Trading Conditions, the terms overleaf or any special conditions.

(3) Nothing in these Trading Conditions will affect any of the Customer’s legal rights as a consumer under any applicable legislation.

ORDERS AND QUOTATIONS

2(1) Any orders placed by the Customer and the Customer’s acceptance of any estimate or quote on given to him by Bee Cool ACS Ltd will only bind Bee Cool ACS Ltd and the Customer when Bee Cool ACS Ltd accepts them in writing or starts work under the order or quote

(2) Bee Cool ACS Ltd will supply the Services with reasonable skill and care.

CHARGES

3 Unless Bee Cool Acs Ltd otherwise agrees in writing, the charges payable by the Customer for the Goods and Services will be those set out overleaf. All charges quoted and quotations are valid for 30 days only. All charges will be subject to any applicable value added tax and other taxes or duties, which will be payable at the same time as the charges to which they relate.

PAYMENT

4 (1) The charges for the Goods and Services will be due for payment when the Goods are delivered or the supply of the Services is completed or, if a deposit is to be paid, when the contract is made between the Customers and Bee Cool ACS Ltd.

(2) All Special-Order Parts MUST be paid in advance by the customer. Special-Order Parts are NON-RETURNABLE.

(3) The Customer must pay all sums owed to Bee Cool ACS Ltd under the Contract on or before the dates on which they are due. If the Customer fails to make any payment by the due date, without affecting any of its other rights, Bee Cool ACS Ltd may: –

(a) bring the Contract to an end.

(b) suspend the carrying out of the Services or delivery of the Goods; and/or

(c) charge the Customer interest on the amount for the remaining unpaid at 4% above the base rate (or if it is replaced, its successor) from time to time of Barclays Bank Plc until payment in full is made. That interest will accrue daily and be payable both before and after any court judgment obtained against the Customer.

TIME FOR SUPPLY OF GOODS AND SERVICES

5 (1) Bee Cool ACS Ltd will use its reasonable endeavours to supply the Goods and Services by any estimated delivery or complete on time or date given or agreed to by Bee Cool ACS Ltd, but Bee Cool ACS Ltd will not be obliged to supply the Goods or Services by that time or date

(2) If Bee Cool ACS Ltd fails to supply the Goods or Services by that time or date, the Customer may give Bee Cool ACS Ltd written notice requiring it to deliver the Goods or complete the supply of the Services within a reasonable period. If Bee Cool ACS Ltd fails to do so within that period, the Customer may terminate the Contract immediately by giving written notice of termination to Bee Cool ACS Ltd.

(3) The Customer will not have the right under paragraph 5(2) to require Bee Cool ACS Ltd to deliver the Goods or complete the supply of the Services within a reasonable period or to terminate the Contract if Bee Cool ACS Ltd’s failure to deliver or supply the Services by the relevant time or date is due to circumstances beyond Bee Cool ACS Ltd’s reasonable control or the Customer’s default.

(4) The Goods will be delivered at Bee Cool ACS Ltd’s premises.

(5) If the Customer wrongfully fails to collect any vehicle from Bee Cool ACS Ltd within 7 days after they have been informed that the Services have been completed then, unless other arrangements have been made and agreed with, Bee Cool ACS Ltd may, without affecting its other rights, arrange for storage of the vehicle at the Customer’s risk and expense until it is collected, including, if applicable, reasonable storage charges at Bee Cool ACS Ltd’s current rates. (Storage Charge as 01/05/2025 is £11.50 & VAT per Day).

OWNERSHIP OF THE GOODS AND RISK

6(1) Even though the Goods may have been delivered to the Customer, the legal and beneficial ownership of the Goods will remain with Bee Cool ACS Ltd until Bee Cool ACS Ltd has received payment in full of all sums payable in relation to the Contract.

(2) Until the Customer becomes the owner of the Goods: –

(a) the Customer will hold the Goods as fiduciary agent and bailee for Bee Cool ACS Ltd, and not sell, part with possession of the Goods or do anything else inconsistent with Bee Cool ACS Ltd’s ownership of the Goods

(b) if the Customer fails to pay any sum payable under the Contract by the due date for payment or Bee Cool ACS Ltd brings the Contract to an end, Bee Cool ACS Ltd may require the Customer to return the Goods to Bee Cool ACS Ltd within 7 days (whether or not they form part of or are affixed to any other item). If the Customer fails to do so, Bee Cool ACS Ltd may enter on any land or buildings where the Goods may be with its representatives and appropriate transport and repossess the Goods.

(3) After Bee Cool ACS Ltd has repossessed any Goods, it may sell them and the proceeds of sale will belong to Bee Cool ACS Ltd absolutely. If the net sale proceeds received by Bee Cool ACS Ltd are less than the amount payable to it under the Contract it may recover the balance from the Customer.

(4) When the Goods have been delivered, the Customer will become responsible from that time for any loss or destruction of or damage to the Goods.

(5) Even though the Customer may not have become the owner of the Goods, Bee Cool ACS Ltd may recover all sums payable to it in relation to the Contract.

WARRANTY

7(1) The following warranty will apply to the Goods (except for any consumables) and Services: – They will correspond with their specification and description and sample (if any) at the time of delivery of the Goods or complete on of the supply of the Services and if within twelve calendar months or 12,000 miles of the Goods being delivered by Bee Cool ACS Ltd or, as the case may be, complete on of the supply of the Services (or such other period as Bee Cool ACS Ltd may agree in writing) any defect in the Goods or Services is discovered under normal use which is directly a attributable to faulty design, materials or workmanship, Bee Cool ACS Ltd will at its option and expense remedy the defect by replacement or repair or refund the charges paid for the defective Goods or Services. However, all reconditioned or re-manufactured parts have a parts-only warranty for the relevant period stated by Bee Cool ACS Ltd, and all labour costs relating to any warranty claim relating to those parts will be charged to the Customer at Bee Cool ACS’ rates prevailing at the relevant time.

(2) The following conditions apply to the warranty: –

(a) the warranty will not apply to any defect or damage resulting from any: –

(i) alteration of the Goods or Services without Bee Cool ACS Ltd’s prior written consent, incorrect installation (except by Bee Cool ACS Ltd), normal wear and tear, misuse or use not for their intended purpose, accident, abnormal conditions of use or maintenance or repair not carried out by Bee Cool ACS Ltd; or

(ii) act or omission of the Customer or any third party (excluding Bee Cool ACS Ltd’s agents or sub-contractors involved in the supply of the Goods or Services) or any fault in any other goods or equipment

(b) warranty work will be carried out during Bee Cool ACS Ltd’s normal business hours so far as is practicable at Bee Cool ACS Ltd’s premises and/or elsewhere at its option. The Customer must ensure that Bee Cool ACS Ltd’s personnel will have such access to the Goods and Vehicles as they may require to investigate alleged defects or damage and carry out any warranty work.

(c) Goods and Vehicles must be returned to Bee Cool ACS Ltd’s trading premises. Replaced Goods will belong to Bee Cool ACS Ltd.

(d) the Customer must give to Bee Cool ACS Ltd in writing full particulars of any alleged defect or damage within 7 days after they become aware of the defect. That notice must be given in any event within 7 days of the end of the warranty period. If notice of a claim is not given within those periods it will not be effective.

(e) the Customer must produce to Bee Cool ACS Ltd the original invoice relating to the supply of the Goods and Services

(f ) if the Customer makes any claim falling outside the terms of the warranty Bee Cool ACS Ltd may make a reasonable charge for examining the Goods or Vehicles and any work done or goods supplied by it in respect of that claim and any cost or expense incurred by Bee Cool ACS Ltd.

(g) this paragraph 7 will apply to Goods or components replaced or repaired under the warranty for the balance of the original warranty period.

LIABILITY

8 (1) The warranty contained in paragraph 7 will not affect any rights the Customer may have by law in respect of the Goods or the Contract

(2) Bee Cool ACS Ltd excludes to the fullest extent permitted by law, all liability however it arises for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation of any kind arising directly in the natural and ordinary course or indirectly from or in connection with the Contract. This will include loss of profit or costs or expenses incurred by the Customer.

ACCELERATED PAYMENT

9 Without affecting its other rights, if Bee Cool ACS Ltd has serious doubts about the Customer’s ability to pay any sum under the Contract on the due date the Customer must within seven days of written notice from Bee Cool ACS Ltd pay the balance of all sums payable under the Contract.

CIRCUMSTANCES OUTSIDE Bee Cool ACS Ltd’s CONTROL

10 Bee Cool ACS Ltd will not be in breach of the Contract or otherwise be liable to the Customer for any delay or failure in performing any of its obligations under the Contract if that is caused by any circumstances or event beyond Bee Cool ACS Ltd’s reasonable control (including breakdown of plant or machinery, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies).

TERMINATION

11(1) If either party: –

(a) makes any arrangement with its creditors generally or has an interim order (within the meaning of the Insolvency Act 1986) made against him or becomes bankrupt or (being a firm or body corporate or unincorporate) enters compulsory liquidation, or voluntary liquidation or the equivalent, or is dissolved; or

(b) has a receiver and/or manager, administrative receiver, supervisor or administrator appointed over or in relation to it or any part of its assets or undertaking; or

(c) is unable to pay its debts within the meaning of sections 123 or 268 of the Insolvency Act 1986; or

(d) commits any breach of any of the provisions of the Contract (except for paragraph 5(2) of these Conditions) and, in the case of a breach that is capable of being remedied, does not remedy it within 7 days of written notice of the breach being given to it by the other party, without affecting its other rights (including its accrued rights) the other party may terminate the Contract or the balance of the Contract or if the terminating party is Bee Cool ACS Ltd, suspend deliveries, or the supply of the Services immediately by written notice to the other party without any liability whatsoever.

(2) If the Customer breaches the Contract, it must pay to Bee Cool ACS Ltd an amount equal to all costs, expenses, loss, damage and liability incurred by Bee Cool ACS Ltd arising out of the breach.

(3) The termination of the Contract for any breach will not affect the accrued rights of either party or any obligation which is expressed to continue afterwards or is of a continuing nature and that obligation will continue in full force and effect.

GOVERNING LAW AND JURISDICTION

12 The laws of England will apply to the Contract and all claims and legal proceedings arising in connection with it will be subject to the non-exclusive jurisdiction of the Courts of England.

MISCELLANEOUS

13(1) If any provision of the Contract or part of it is held to be invalid or unenforceable by any court or other body of competent jurisdiction that will not affect the other provisions or the remainder of the relevant provision.

(2) Any variation of the Contract or waiver of any breach of it by the Customer or Bee Cool ACS Ltd must be agreed to in writing by the relevant party or its representative.

(3) The Customer may not transfer or otherwise deal with all or any of its rights or obligations in relation to the Contract without Bee Cool ACS’ prior written consent. Bee Cool ACS Ltd will be free to transfer all of its rights and/or obligations in relation to the Contract provided that does not adversely affect the Customer.

(4) If either Bee Cool ACS Ltd or the Customer does not strictly enforce its rights that will not in any way affect any of its rights in respect of the Contract.

(5) Any notice or claim under the Contract must be in writing and will be effectively served if it is personally delivered or sent by pre-paid first-class post or email transmission to the addressee at its address or any other address for service notified to the other in accordance with this paragraph.