Cool Runnings Ltd. Terms and Conditions
Background:
These Terms and Conditions are the standard terms for business by Cool Runnings Ltd, a company registered in England, whose registered address is Studio 7, Richmond Road Studios, 119 Richmond Road, Kingston Upon Thames, KT2 5BX. These terms and conditions together with the signed Order Confirmation and any signed variation of the Contract document constitute a legal contract between “you” and “us” in its entirety and we will both be legally bound by the terms and conditions contained within. If there is any conflict between these terms and conditions and details on the order confirmation, then the conditions as detailed in the Order Confirmation shall prevail.
Cool Runnings Ltd.’s full Terms and Conditions govern the contract as set out in this document. Any deviation of the contract or these terms and conditions must be agreed upon by us in advance and confirmed to you in writing.
Please read these Terms and Conditions carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site https://www.coolrunningsltd.co.uk immediately.
1. Definitions
This shall mean
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in the United Kingdom are open for business;
“Company” means Cool Runnings Ltd;
“Contract” the contract between the Company and the Customer for the sale and purchase of the Goods in accordance with these Terms and Conditions;
“Contract Price” means the price payable by the Customer for the Goods under the Contract inclusive of any increases made pursuant to these Terms and Conditions and the prices charged for the works – detailed in the Order Confirmation;
“Customer” means the person who contracts with the Company for the sale or supply of the goods by the Company on these Terms and Conditions;
“Goods” means the Ventilation Systems (including any instalment of goods or accessories or parts of them) which the Company is to sell or supply under the Contract upon the Terms and Conditions;
“Guarantee” any guarantee supplied by the Company in respect of the Goods;
“Order” means the Customer’s order for the Goods, as set out in the Customer’s written acceptance of the Company’s quotation;
“Specification” means any specification for the Goods, including any related plans and drawings that is agreed by the Customer and the Company;
“Term or terms” means any of the clauses or sub-clauses or headings contained in this document;
“Terms and Conditions” means these terms and conditions and terms of business.
“Writing” includes emails but excludes faxes;
“We” “Us” or “Our” means Cool Runnings Ltd;
“You” or “Your” means a user of Our Site, and the person that orders the Goods and Services;
“Quotation” means the quotation provided for the works and Services by Cool Runnings Ltd;
“Purchase Price” means the total value in £ of the Goods or Services;
“Contract Sum” means the total value of the Goods and or Services being ordered;
“The Works” means the total works in their entirety;
“Order Confirmation” means a description of the complete works being ordered – signed by the Purchaser;
“Services” means free advice, System Installation & Supply or Installation only or Servicing or similar services;
“The property” means the property where the Goods / Services are to be installed/actioned;
“Standard hourly rate” means our normal published charging rate;
“Initial survey” means an onsite survey to establish the scope of work required for providing a quotation;
“Payment terms” means what % of the Contract Sum should be paid and when;
“Due date” means the date by which cleared funds should have been paid to us by you.
2. Information about the Company and how to contact it
The Company’s registered office is at Studio 7, Richmond Road Studios, 119 Richmond Road, Kingston Upon Thames, KT2 5BX. We offer an extensive suite of ventilation services for homeowners, mechanical companies, self-builders, developers, architects, building management companies and housing associations. We provide free advice, labour-only or materials and labour. We do not offer a design service but we collaborate with our industry partners, however, we can provide ‘indicative drawings’ only for our Customers.
The Customer can contact the Company at info@www.coolrunningsltd.co.uk. If the Company has to contact the Customer it will do so by telephone or by writing to it at the email address or postal address the Customer provided in its Order.
3. Quotations and Orders
3.1 – All quotations are valid for a period of 30 days unless specified on the Quotation. Following the expiry of this period, we reserve the right to provide you with a revised quotation for the works. All prices are shown net of VAT and VAT will be applied at the current applicable rate.
3.2 – Where the works include the installation and/or site-based services, all prices quoted are subject to confirmation following a site survey of the property unless specified otherwise on the quotation. Any variation from the quoted works, specification, or where additional works are required, not previously quoted, may incur extra costs which will be advised to you and approved by you in writing before any works proceed.
3.3 – Your order to us is officially confirmed, and the contract between us becomes legally binding upon our receipt of your signed Order Confirmation, by returning the signed Order Confirmation and paying the submitted invoice, you are agreeing to comply with and be bound by these Terms and Conditions.
3.4 – This Contract will become legally binding once the Order Confirmation has been signed by the person(s) named at the top of the Order Confirmation and it has been received by Cool Runnings Ltd. In the event that the Customer is not an individual, the person signing the Order Confirmation, and/or requesting goods or services from the Company in writing shall be deemed to have the requisite authority to bind the Customer to the agreement and alter or cancel orders on behalf of the Customer.
3.5 – It is your responsibility to ensure the accuracy of the description of the goods and/or services set out in our Order Confirmation which includes specifications which are supplied to you are correct.
3.6 – If you instruct us to carry out any amendments to the specifications detailed in our Quotation and/or Order Confirmation, these amendments may incur additional charges. We would inform you in writing of any additional charges.
3.7 – The purchase price shown on the quotation includes the supply and installation of all items detailed in the quotation but does not include any parking costs. Any parking fees incurred during the installation of your ventilation system will be charged to yourself and invoiced for payment at the final payment stage. Alternatively, you may provide a resident’s guest permit for our installation team to use, or allow parking on your driveway, if you have one. Please take a look at our pricing and payment section for more information.
3.8 – Installation and Supply lead time will not commence until all specifications and information required have been approved by you in writing.
3.9 – Cool Runnings Ltd is constantly developing and improving its range of products and services and therefore we reserve the right to make technical alterations to the Goods or Services ordered, which may be different from the original specifications detailed on the Order Confirmation and or Quotation for technical or regulatory reasons.
3.10 – If the supply of Goods or Services is interrupted or delayed by you, causing us a loss of output by our fitting teams, we reserve the right to make a reasonable charge to recover such additional costs of our fitters due to such delay, with charges being based upon our “standard hourly rate”.
4. Pricing and Payment Terms
4.1 – The purchase price and contract sum payable and the estimated lead time for supply, installation or both are shown on the Order Confirmation.
4.2 – The purchase price shown on the Order Confirmation takes into account any discount or offers made available to you. Should we offer any other promotions or discounts after the date this Contract becomes legally binding, these offers will not be applicable or available to you.
4.3 – Our payment terms are shown on the Order Confirmation, however, in general:
4.3.1 – We carry out services 1st and then submit invoices to our Customers for payments.
4.3.2 – All payments, unless agreed otherwise, are subject to the addition of VAT which shall be applied at the rate current on the due date.
4.4 – Any minor works that may arise after installation/delivery, or become apparent after completion of the works will be remedied by our service department. Any minor defects with the supply, installation or both are covered within your Cool Runnings Ltd 2 years warranty and, under no circumstances, may any payments including final payments be reduced, withheld, or delayed due to such any minor works.
4.5 – If the works are conducted on a phased basis, then the payment requirements for each phase are to be treated on a separate basis as if each phase were a separate order and in accordance with our payment terms.
4.6 – Payments are accepted by BACS, cheque, or cash. Cheques should be made payable to “Cool Runnings Ltd” and BACS payments made to the account details supplied on the Deposit Invoice.
4.7 – Any cash payments must be advised to us and agreed upon by us in advance.
4.8 – If any payments due to us under this contract are not received by the due date, then, without limit to any other right or recourse available to us, we may:
4.8.1 – cancel the Contract or suspend any further deliveries of Goods or the provision of Services to you, but such cancellation or suspension shall not relieve you of your obligation to make payment under the Contract;
4.8.2 – use any payment made by you to us for any Goods or Services supplied under any other order or contract between you and us either towards payment due under this Contract or otherwise towards any other outstanding debt owed by you to us as we see fit; and we reserve the right to charge you interest on any such outstanding sum from the due date for payment at the annual rate of 3% above the base lending rate of Bank of England, accruing on a daily basis until payment in full is made, whether before or after any judgement.
5. Surveying and Installation
5.1 – For works including “supply and installation” services, Cool Runnings Ltd will conduct a final survey at the property for final measurement and agreement of details at no cost to yourself. The survey will generally be conducted at a mutually convenient time within 2 weeks of us receiving the signed Order Confirmation.
5.2 – For works including “Installation Only” services, it is your responsibility to provide the final details required.
5.3 – If our surveyor identifies and reports during a survey any significant issues/problems that render the installation of the Goods significantly more time-consuming or costly than could have been reasonably identified during the “initial survey” we will inform you as soon as reasonably practicable following the survey. In such circumstances, we reserve the right to cancel the Contract or to increase the purchase price by giving you notice in writing to reflect our additional costs for the additional work required. If we give you such notice you have the right to cancel the Contract within 14 days of receiving such notice.
5.4 – If any technical or structural issues arise or are identified with your property at the outset of installation of the Goods which were not nor could have reasonably been found during the production survey, we reserve the right to increase the purchase price to cover any additional work required as a result by giving you notice in writing. Such notice will detail the arising issues and include details of the works required along with the additional costs. If we give you such notice under clause 5.4, then you have the right to cancel the Contract.
5.5 – If you order goods and services from us, it is a condition of the order that you confirm all dimensions, details, and designs in writing in advance of the commencement of any services to you. In these circumstances, you will take full responsibility for the measurements and specifications detailed and we cannot be held responsible or liable for any errors, omissions, or mistakes if we have supplied the goods in accordance with the information you provided and approved in writing. Any alterations or changes necessary may incur additional costs if the completion of service has already been completed or partially completed at the time of notification of such changes.
6. Private Work
6.1 – Cool Runnings Ltd are fully insured with both employers’ liability cover for our self-employees and public liability insurance.
7. Delivery Dates and Delivery
7.1 – The estimated delivery lead time prior to delivery or installation is as shown on the Order Confirmation or, as may at our discretion be confirmed in writing to you by us. These lead times are estimates only and we cannot be held liable for any loss or damage resulting from a delay in the installation or delivery of the Goods or Services.
7.2 – We will use all reasonable efforts to meet the delivery dates advised. If the work is not commenced within the estimated installation period from the date upon which all specifications and information have been confirmed in writing, you may write to us, requiring the work to be completed within a further six weeks (or some other period agreed between you and us in writing). If the work is not completed within this extended period, you may cancel the outstanding work covered by the contract without penalty to yourself by sending us a letter by recorded delivery advising us of your wishes. In addition, you will be entitled to a refund which represents a payment for the delivery and installation of Goods by us less the payments received for any work actually carried out by ourselves including any surveys, design costs or site works. However, if we have delivered any Goods or carried out any work to a value which exceeds any payment made by you, we will be entitled to the payment of any such outstanding balance due to us.
7.3 – Once the goods are ready, you agree to allow us access to the project address. If within 14 days of us advising you that the goods are ready, you are unable to allow us access, you agree to pay the full outstanding balance of the contract value and we will be entitled to charge reasonable costs for storage charges.
7.4 – For Supply Only contracts, where we have agreed to deliver the goods, we will agree on a date with you in advance for the delivery of the goods. Should this not be the case and the delivery is aborted, or if no one is there to accept the goods when we arrive to deliver the goods, or if there is nowhere safe to unload the goods, you agree to pay the additional re-delivery cost as initially charged, or at an hourly rate to include for travel at a rate of travelling costs.
7.5 – We shall not be liable for non-delivery of any goods or services (even if caused by our own negligence) unless you have given us written notice of the non-delivery within 7days of the date when the products should have been delivered. Any liability on our part for non-delivery of the products shall be limited to replacing the missing products within a reasonable time frame.
8. Your Responsibilities Pre / During Installation and at Completion
8.1 – It is your responsibility to ensure that we have a clear working area to install the Goods or provide the Services, by the time we arrive to conduct the installation.
8.2 – It is your responsibility for, and to be at your own expense, the removal or replacement of any items that are required to be moved in order to install the Goods or supply the Services.
8.3 – We reserve the right to postpone or suspend the installation if you have not complied with clause 8.1 and clause 8.2 when we arrive to conduct the installation and to invoice you for the loss of time for our fitting team plus any travelling expenses.
8.4 – It is your responsibility to ensure that any items of value are removed from the working area and, in addition to 8.2 and 8.4 we cannot accept any damage to such items, howsoever caused.
8.5 – During the installation, our fitting team will require to come in and out of your property, in addition to the rooms, they are working in being classed as a working area. It is your responsibility to ensure that any child, children or pets are kept safe in a secure area from which they cannot exit from the property or enter into the working area.
8.6 – During the installation, you will allow our fitting team to place a skip, scaffold tower, or ladders on the property as required to complete the works in a safe and professional manner.
8.7 – It is your responsibility to ensure that you provide someone to inspect the works and to sign on completion.
9. Goods and Services
9.1 – The Goods or Services will be provided according to the specifications shown on the Order Confirmation unless specified otherwise and confirmed in writing to you by us, however, Cool Runnings Ltd reserves the right to make any changes in the specification of the Products that may be required to conform to any applicable safety or other legal or regulatory requirements, or that improve the specification.
9.2 – Any Warranty provided by Cool Runnings Ltd will only be applicable or available to you once we have received full payment of the contract sum.
9.3 – All warranties available to you are as documented in the Cool Runnings Ltd warranty document unless otherwise confirmed by us to you in writing.
10. Cancellation of the Contract
10.1 – From the date of signing the Order Confirmation, you may cancel the Contract by giving us written notice no later than 7 days after the date on which it was concluded. Other than this clause, and if the products are made to your specification you have no further right to cancel the contract under the Consumer Contract Regulations 2013.
10.2 – If you instruct us to proceed with the design and/or proceed with our services to you, before the end of the 7-day cancellation period and then request to cancel, we shall be entitled to charge for the works conducted to date or any loss in material costs.
10.3 – Should you not request cancellation of the contract in accordance with 10.1 you will have no further right to cancel the contract if you wish, after the expiry of the 7-day period in clause 10.1, for any reason to cancel the agreement, you may only do so with our prior written agreement and if such agreement is given we shall be entitled to claim from you, and you shall pay, any reasonable costs or losses or profit due to us for works completed prior to receipt of the notice to cancel.
10.4 – If the project is phased, each phase shall be deemed as a separate contract and no cancellation or termination of any other contract relating to a phase shall entitle you to cancel this Contract or any other contract relating to another phase.
10.5 – Should any cancellation or early termination occur, any and all monies due by you to us shall become due for immediate payment despite any other clause or agreement in place prior to such cancellation or early termination.
11. Risk, Title, and Insurance
11.1 – Risk of damage to or loss of the Goods shall pass to you at the time of delivery of the Goods to your property.
11.2 – It is your own responsibility to ensure that the goods are insured from the time they are delivered to your property.
11.3 – The goods remain the property of Cool Runnings Ltd until we have received full payment of the contract price. Until then, the Goods remain our property but that will not prevent us from recovering payment from you of any amounts due under the Contract.
12. Limitation of Liability
12.1 The following provisions set out the limits on our liability (including any liability for the acts or omissions of our employees, agents, and sub-contractors) to you in respect of any breach of the Contract or these Conditions, any use made by you of any of the Goods, or of any product incorporating any of the Goods; any representation, statement or act or omission of the Company including negligence arising under or in connection with the Contract.
12.2 The only warranties given to you by us in relation to the Goods and Services are contained in the Cool Runnings Ltd warranty document provided to you. All other representations, warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these “Terms & Conditions” excludes or limits our liability for death or personal injury caused by our negligence, or under Part 1 of the Consumer Protection Act 1987; or for any matter which it would be illegal for us to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation; or for any liability incurred by you as a result of any breach by us of the condition as to title or the warranty as to quiet possession implied by either section 12 of the Sale of Goods Act 1979 or by section 2 of the Supply of Goods and Services Act 1982. Subject to clauses 10.1 and 10.2.
12.4 Our liability for any breach of the Contract or negligent act or omission or any other claim you may have against us relating to the Contract shall be limited to reimbursing the Price (or that part of the Price that has been received by us).
12.5 We will not be liable to you for any other loss, either direct or indirect, financial, contractual or otherwise, including but not limited to financial loss, loss of profit, loss of business or depletion of goodwill whether direct or indirect or for any loss or damage or due to any delayed or late delivery or installation of the goods and or services.
12.6 If the performance of our obligations under the Contract is prevented or delayed by any act or omission of yours or your agents, subcontractors, consultants, or employees, we shall not be liable for any costs, charges, or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.
13. Your Obligations
13.1 – So that we can complete our obligations under the Contract, you will at your own expense:
13.1.1 – prepare your property for the Installation or provision of the services.
13.1.2 – let us know, in advance, of any health and safety rules that apply at your property, or on the site.
13.1.2 – You will provide our fitting team access to handwashing facilities and toilet facilities at your property, and access to an electrical power supply in the area the works are to be conducted.
14. Assignment
14.1 – We may assign the Contract or subcontract the works to any person or company as long as your rights under the Contract will not change because of it.
14.2 – You are not be entitled to assign the Contract, or any part of it, without consent from us, in writing, in advance.
15. Force Majeure
15.1 – We shall not be held liable or responsible to you, nor be deemed to have defaulted under or breached this Contract for failure or delay in fulfilling or performing any term of this Contract to the extent, and for so long as, such failure or delay is caused by or results from causes beyond our reasonable control including but not limited to fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labour disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or our inability or delay in obtaining supplies of suitable materials.
16. Dispute Resolution
16.1 – The parties shall use all reasonable endeavours to resolve any dispute amicably and in good faith. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the England and Wales Arbitration Association.
17. Data protection
17.1 – If the Customer is purchasing Goods as a Consumer, the Company will use the personal information the Customer provides to:
- to supply the Goods to the Customer;
- to process the Customer’s payment for the Goods; and
- if the Customer agrees to this during the order process, to inform the Customer about similar Goods that it provides, but the Customer may stop receiving these at any time by contacting the Company.
17.2 – The Company will only give the Customer’s personal information to third parties where the law either requires or allows it to do so.
17.3 – All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy. https://www.coolrunningsltd.co.uk/privacy-policy/
18. Total Liability
18.1 – Under no circumstances shall the Company have any liability of whatever kind for:
- any defects resulting from wear and tear, accident, improper use by the Customer or any third party storage of the Goods by the Customer otherwise than in accordance with the instructions or advice of the Company;
- Goods which have been adjusted, altered, modified, repaired or had other work carried out otherwise than by the Company;
- the suitability of the Goods for use under specific conditions whether or not the conditions were known or communicated to the Company although advice provided on the request of the Customer is given to the best of the Company’s knowledge and on the basis of research and experience;
- any description, designs, illustrations, specifications, drawings and particulars of sizes and measurements submitted by the Company or contained in any pamphlets, quotations, catalogues, brochures and price lists of the Company since they are merely intended to represent a general idea of the goods and not to form part of the Contract or be treated as representations;
- any information, recommendations, statements or advice furnished by the Company, its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made; or
- any variations in the quantities of any Goods or changes in their specification or design or substitution of any materials if the variations or changes or substitution does not materially affect the characteristics of the Goods and the substituted material or specification is of a quality equal to or superior to that originally specified.
- Without prejudice to the generality of the foregoing under no circumstances whatsoever shall the liability to the Company to the Customer under or in connection with matters arising from the Contract howsoever arising exceed the Contract Price (except in the case of liability for death or personal injury resulting from the Company’s negligence).
19. Indemnity and Release
You agree to release, defend, indemnify, and hold Cool Runnings Ltd and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) the request or receipt or offer or provision of business Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such business Services. (d) You agree to release Cool Runnings Ltd from any and all claims, demands, actions, causes of action, suits, sums of money, judgements, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from your use of this website, as far as the law permits
20. Confidentiality
20.1 – Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
20.2 – Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
20.3 – This clause shall continue notwithstanding termination of these terms and conditions
21. Jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the England and Wales courts.
22. Contacting us
If you would like to contact us to understand more about this Terms and Conditions or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website or by email: info@www.coolrunningsltd.co.uk.
This document was last updated on June 11, 2022
