Allstar Air-Conditioning (ASE)
Terms & Conditions Residential HVAC
INTERPRETATION
1.1 Definitions
- Buyer: The person whose order for the Goods is accepted by Allstar Electrical Ltd (Company registration number 3523705).
- Contract: Each binding agreement for the supply of Goods.
- Goods or Services: The goods or services described in the most recent Allstar Electrical quotation unless otherwise agreed in writing.
- Insolvency Event: An Insolvency Event means a receiver or manager is appointed over any assets of the Buyer, or an application to Court or a notice of intention to appoint an administrator is issued or made in respect of the Buyer, or a winding-up petition against the Buyer is petitioned or made, or the Buyer goes into voluntary liquidation or calls a meeting of, or makes an arrangement or a composition with, creditors or any petition or order in bankruptcy against the Buyer is presented or made.
- “Allstar Electrical”, “us”, “we” or “the seller”: Allstar Electrical Ltd.
1.2 Interpretation Clause
Words and phrases in the Contract like “other”, “including” and “in particular” shall not limit the generality of any preceding words or be construed as being limited to the same class as the preceding words.
CONTRACTS
2.1 Application of Terms
These terms shall apply to all supplies of Goods by Allstar Electrical to the Buyer. No order of the Buyer shall be binding and no Contract shall arise until the Buyer’s order is accepted by Allstar Electrical expressly or by Allstar Electrical dispatching any of the Goods. Each Contract shall comprise these terms, any attached terms, Allstar Electrical’s quotation, and any additional written terms that are agreed as applicable.
2.2 Deposits
Deposits paid under the accepted terms of contract are non-refundable.
2.3 Conflicting Provisions
If any Contract contains provisions which conflict with these terms, only those written provisions of the Contract will prevail to that extent, except nothing shall prevail over the exclusions and limitations of Allstar Electrical’s liability in these terms unless the provision expressly refers to those exclusions and states that it prevails over them and is signed by a director of Allstar Electrical.
PAYMENT, CHARGES, INTEREST
3.1 Pricing and Payment
The price and/or supply of Goods/Services shall be as per the most recent quotation, unless otherwise agreed in writing. Payment of the deposit indicates acceptance of the price.
3.2 Taxes and Duties
The price and other sums payable shall be exclusive of any applicable VAT or other taxes and duties, which shall be payable in addition.
3.3 Balance Payment
The balance of any invoices shall be due prior to commissioning of the installation and shall be paid without any set-off, withholding, deduction, abatement or counter-claim in cleared funds unless otherwise agreed in writing.
3.4 Carriage Charges
Unless otherwise agreed, where Allstar Electrical has undertaken to arrange for carriage it shall do so as agent for the Buyer and shall charge for delivery and any transit insurance.
3.5 Interest on Overdue Payments
If the Buyer fails to pay any amount payable by it under the contract, it shall forthwith on demand by Allstar Electrical pay interest on the overdue amount from the due date up to the date of actual payment (both dates inclusive) after, as well as before, judgment at the rate of 6.5 per cent (such rate accruing on a daily basis and compounded monthly) per annum above the base lending rate for Sterling (or its replacement) from time to time of the Strand branch of Coutts & Co or, if nominated, such UK clearing bank nominated by Allstar Electrical.
DELIVERY AND ACCEPTANCE
4.1 Delivery Times
Times for delivery or performance by Allstar Electrical are estimates only and, except by operation of law or as otherwise agreed, time shall not be of the essence.
4.2 Acceptance of Goods
The Buyer shall be deemed to have accepted Goods at the time of delivery to the Buyer’s premises or property. After acceptance, the Buyer shall not be entitled to reject Goods after commencement of the installation. The Buyer must examine the goods prior to commencement of installation and may only reject damaged or incorrect goods.
4.3 Use of Equipment
The Buyer shall not make use of any equipment until such time that a completed commissioning sheet has been provided to the Buyer. Any damage as a result of use, or misuse, prior to provision of a completed commissioning sheet will be at the Buyer’s sole risk.
LOSS OR DAMAGE
5.1 Passing of Risk
Risk of loss or damage to the Goods shall pass to the Buyer at the time of delivery or collection.
5.2 Title and Ownership
The property in and title to the Goods shall not pass to the Buyer until Allstar Electrical has received in cash or cleared funds unconditional payment in full of:
- The price and VAT thereon of the Goods or services;
- The price and VAT thereon of all other Goods and services supplied by Allstar Electrical to the Buyer for which payment is then due; and
- Any other sums due from the Buyer to Allstar Electrical for which payments are then due.
5.3 Buyer’s Obligations
Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold such Goods as bailee and fiduciary agent for Allstar Electrical, keep them insured and readily identifiable as the property of Allstar Electrical, and shall not dispose of or deal with the Goods except as permitted.
EXCLUSIONS OF LIABILITY
6.1 Non-Conformity of Goods
If the Buyer validly rejects any of the Goods and or services or any of them do not conform to any applicable statutory or other warranties or other terms, Allstar Electrical will, as its option, repair or replace those Goods or make, so far as is fair, a refund of all or a part of the price. If Allstar Electrical complies with this obligation, it shall have no further liability in respect of, or arising from, such non-conformity.
6.2 Limitations of Liability
Allstar Electrical shall have no liability however arising for claims in excess of a sum equal to the price payable by the Buyer for the Goods or services under the Contract, or for any loss of profit, revenue, anticipated savings, data or use, or for any direct or indirect or consequential loss or damage.
6.3 Scope of Liability
The exclusions and limitations of liability contained in these terms and in the Contract shall apply regardless of whether the loss or damage was foreseeable or whether the Buyer notifies Allstar Electrical of the possibility of any greater loss or damage, but shall not apply to the extent prohibited or limited by law.
DESCRIPTION OF GOODS AND VARIATIONS
Allstar Electrical reserves the right to supply, without notice, Goods which differ in specification, dimensions, color, design or otherwise from the Goods ordered by the Buyer provided such difference is not material.
FORCE MAJEURE
Allstar Electrical shall have the right to suspend delivery and/or cancel or reduce the volume of the Goods or services to be supplied and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in Allstar Electrical’s performance of the Contract, to the extent that this has been caused by any circumstance beyond Allstar Electrical’s reasonable control.
ADDITIONAL INFORMATION
- Spur Socket
- Rotary Isolator
- HepVO
- Tundish
Planning Permission
Depending on the property type, location and local authority you may or may not need planning permission. If you are a tenant or leaseholder you should ensure you have permission from the landlord. You can check whether your project is likely to need planning permission by clicking on the link below from the planning portal: Planning Portal – Planning Permission for Air Source Heat Pump
Decibel Scale Infographic
An infographic illustrating how the decibel scale works, and showing the decibel ratings for several common sounds, is available upon request.
TRANSFERS
9.1 Assignment by Allstar Electrical
Allstar Electrical may at any time assign, transfer, charge or deal in any other manner with any of its rights hereunder, and may sub-contract any or all of its obligations under the Contract.
9.2 Buyer’s Assignment
The Buyer shall not assign, transfer, charge, hold on trust for another or deal in any other manner with any of its rights or obligations under the Contract without the prior written consent of Allstar Electrical.
OBSTRUCTION OF SERVICE
10.1 Labour Charges
The Buyer agrees to pay Allstar Electrical its daily labour rate of £840 plus VAT per day per installation team booked to be on site if Allstar Electrical is not able to proceed with any delivery or installation resulting from any action or inaction by the Buyer or the Buyer’s contractors.
10.2 Delay Charges
All agreed prices are based on continuity of works. If Allstar Electrical is on site and due to factors beyond its control, including any action or inaction by the Buyer or the Buyer’s contractors, is unable to carry out works in an uninterrupted manner, an additional charge of £420 plus VAT will apply for each and every half day or part thereof that work is delayed.
CONTINUATION
11.1 Severability
Any provision of these terms and conditions which is declared invalid, illegal or unenforceable shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
11.2 Superseding Clause
These terms and conditions supersede all previous negotiations, understandings and commitments made orally or in writing.
11.3 Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
DATA PROTECTION
12.1 Compliance with Data Protection Laws
Allstar Electrical agrees to comply with all applicable data protection laws in the performance of the Contract. The Buyer acknowledges and agrees that personal data provided to Allstar Electrical may be processed by Allstar Electrical for the purposes of performing its obligations under the Contract.
12.2 Data Security Measures
Allstar Electrical shall implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access.