The contract of sale between the parties shall be governed by these conditions.
No other terms or conditions except those which may be implied by law or statute
shall be of any effect unless the same are expressly agreed in writing by the
parties.
2. The quoted price is valid at the time of quotation, but may have
increased if your order is placed at a later date and in any event is always subject
to installation taking place within 30 days of the contract date.
3. We have quoted the cost of installing air conditioning/boiler as discussed with you and
set out overleaf. Once you have accepted this quotation, we agree to install the
air conditioning on the terms set out in this contract.
4. All work set out in the quotation will be carried out during normal working
hours, which are 8.00am-6.00pm Monday to sunday, unless otherwise stated.
Access to your premises is required while work is in progress.
5. Additional costs may be incurred if:-
a) Variations or additions not stated overleaf or which we find to be necessary
and which could not have been identified when the original quotation was given.
b) We have to remove any dangerous waste material, such as asbestos, which
could not have been reasonably foreseen when the original quotation was given
and we became aware of only when installation commenced.
c) For any reason we cannot gain access to site, resulting in delays.
d) You cancel your installation without giving us 48 hours notice.
In all these cases we will explain to you the reasons for the additional costs and
will agree with you in advance what the additional costs will be.
6. You are responsible for ensuring that all permissions for the installation to
proceed without delay is granted.
7. The company will not accept liability for delays outside its control, including
fire, war or adverse weather/traffic conditions. If this situation should arise, we
will advise you of an alternative fitting date.
8. We take full payment up front 7 days before installation date. If other agreements have been made then The deposit shown overleaf must be paid when the order is placed. The balance is due on completion of the work, unless a Credit Agreement has been signed. In
the event that the credit agreement is cancelled, you are liable to pay the balance
outstanding immediately.
9. In connection with this contract, we may carry out a check with one or more
licensed credit reference agencies. They will retain a copy of the search. Payment
details of your account will be recorded and may be shared with other
organisations to help make credit decisions about you or and/or members of your
household and for debt collection and fraud prevention. This includes those who
have moved house and who are in default.
10. We offer a cooling off period of seven days, for cancellation of the contract incurring no penalties from payment being made as long as no materials have been ordered, if materials have been ordered then a restocking fee will occur equal to total cost of materials ordered only.
Information you provide or we hold (whether or not under this contract) may
be used by us or by our agents.
12. These terms and conditions, together with the information overleaf are
intended to set out the whole agreement between both parties. If you have any
queries, please contact Boiling Point
All systems remain the property of Boiling Point, until paid for in full.
14. If at any stage during the installation of the air conditioning we have a
reasonable belief that you are unable to make payment of any future sums due under this contract then we reserve the right at any time to cease the installation.
The installation shall not recommence unless payment of the remaining
outstanding balance is made within 14 days of the installation ceasing.
15. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if:
a) You commit a material breach of the Contract and (if such a breach is
remediable) fail to remedy that breach within 14 days of you being notified in
writing of the breach;
b) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or (being a company) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the forgoing apply;
c) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any] compromise or arrangement with your creditors;
d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of your company (being a company);
e) you (being an individual) are the subject of a bankruptcy petition or order;
f) you suspend or cease , or threaten to suspend or cease, to carry on all or a
substantial part of your business; or
g) you (being an individual) die or, by reason of illness or incapacity (whether
mental or physical), are incapable of managing your own affairs or become a
patient under any mental health legislation.
16. On termination of the Contract for any reason:
a) You shall immediately pay to us all outstanding unpaid invoices and interest and,
in respect of services supplied but for which no invoice has been submitted, we
shall submit and invoice, which shall be payable by you immediately on receipt;
b) you shall return all of the air conditioning parts which have not been fully paid
for. If you fail to do so, then we may enter your premises and take possession of
them. Until they have been returned, you shall be solely responsible for their safe
keeping and will not use them for any purpose not connected with this Contract.
17. Late payments will be charged at 7% above the bank base rate, unless agreed
in writing by our company Managing Director.
18. A £20.00 fee +VAT will be invoiced for stopped/returned cheques to cover bank
and administration costs.
19. Any obstructions, i.e. Televisions, Furniture, and Computers etc should be
moved prior to installation. If in the event this has not been possible, our engineers
will move any items obstructing access, but whilst taking reasonable care, neither
they nor the Company will accept any liability for damage.
b) Any building or painting work following the installation is not included.
c) The quotation does not include building works unless specified.
d) This quotation does not include electrical work unless specified If we have specified electrical work in the quotation no responsibility can be taken for any existing electrics
e) No responsibility can be taken for any damage to the units we are installing if caused by existing electrics.
20. Nothing in these conditions shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act
1982 (title and quiet possession).
But subject to the above:
a) We shall under no circumstances whatever be liable to you, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, for any loss of
profit, or any indirect or consequential loss arising under or in connection with the
Contract; and
b) our total liability to you in respect of all other losses arising under or in
connection with the Contract, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, shall in no circumstances exceed the
amount of the contract value which has been paid by you to us at the time that the
loss is incurred.
21. All warrenty is parts only and fault diagnostics have to be done by the installation company (boiling point). we do not accept fault diagnostics from other companys when in regard to warrenty claims.
22. We offer a finance option to customers, the price stated in the package table is a very close estimate but will vary slightly when finance is sent to the customer to be reviewed. All finance packages come with a 10% fee for using the finance service this is added on to the price stated in section (your options at a glance). The interest rate is separate to this; for example a job priced at £1000 will then become £1100. The second figure has no interest over the 10 months span, monthly payments would be £110 a month for 10 months if this finance option is chosen.