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AQUACOOL — Terms & Conditions – Outright Equipment Sales

For Aquacool Ltd – Commercial Customers Only

1. Definitions

1.1 “Seller” means Aquacool Ltd.
1.2 “Customer” means the business, company, organisation or individual purchasing goods or services from the Seller.
1.3 “Goods” means all products, equipment, accessories, parts and materials supplied by the Seller.
1.4 “Services” means any installation, delivery, commissioning, maintenance or other services supplied by the Seller.
1.5 These Terms apply to all outright sales unless otherwise agreed in writing by a director of the Seller.

2.1 All quotations are subject to these Terms and Conditions.
2.2 Acceptance of a quotation, purchase order, invoice, delivery or installation shall constitute acceptance of these Terms.
2.3 Any terms proposed by the Customer shall not apply unless expressly agreed in writing by the Seller.
2.4 Quotations are valid for 30 days unless stated otherwise.

3.1 Orders are binding once accepted by the Seller.
3.2 The Seller reserves the right to refuse or cancel orders prior to dispatch.
3.3 Any amendments requested by the Customer after acceptance may be subject to additional charges and revised lead times.

4.1 All prices are exclusive of VAT unless otherwise stated.
4.2 Delivery, installation, plumbing, electrical works, access equipment, waste removal and any ancillary works are chargeable unless specifically included within the quotation.
4.3 The Seller reserves the right to increase pricing where supplier costs, freight costs, exchange rates or material costs increase prior to delivery.

5.1 Payment terms are strictly as stated on the quotation or invoice.
5.2 Unless otherwise agreed in writing, payment is due:
- 50% deposit with order;
- balance immediately upon delivery or installation.
5.3 The Seller reserves the right to require full payment prior to dispatch.
5.4 Late payments may incur:
statutory interest under the Late Payment of Commercial Debts legislation;
debt recovery costs;
legal costs incurred in recovery.
5.5 The Seller may suspend deliveries, installations or warranty support where accounts are overdue.

7.1 Where installation is included:
- the Customer shall provide safe and suitable access;
- adequate utilities and services;
- and any required permissions.
7.2 Additional works required on site which were not visible or disclosed at quotation stage may be chargeable.
7.3 Installed Goods shall be deemed accepted upon completion of installation.

8.1 As all sales are business-to-business transactions, the Customer has no automatic right to cancel or return Goods once ordered.
8.2 Orders for:
- non-stock items,
- special-order products,
- customised equipment,
- or equipment already dispatched or installed, are non-cancellable and non-returnable.
8.3 If the Seller agrees to accept a return:
- prior written approval must be obtained;
- Goods must be unused and in original packaging;
- the Seller may apply a restocking charge of up to 35%;
- delivery, collection and installation costs remain payable.
8.4 Installed Goods may not be returned unless faulty and covered under warranty.
8.5 Where the Customer cancels after the Seller has incurred costs, the Customer shall remain liable for:
- supplier charges,
- restocking fees,
- labour costs,
- installation costs,
- delivery costs,
- and any losses reasonably incurred by the Seller.

9.1 Ownership of the Goods shall remain with the Seller until all invoices owed by the Customer are paid in full.
9.2 Until ownership passes:
- the Customer shall store Goods separately;
- keep them insured;
- and not sell, transfer or encumber them.
9.3 The Seller may recover unpaid Goods from site where payment remains overdue.

10.1 The Seller will pass on the benefit of any manufacturer warranty where applicable.
10.2 Unless otherwise stated in writing, workmanship relating to installation is warranted for 12 months.
10.3 Warranty does not cover:
- misuse,
- accidental damage,
- scaling,
- poor water quality,
- lack of maintenance,
- unauthorised modifications,
- or consumable items.
10.4 Warranty claims must be reported promptly with reasonable supporting information.

11.1 The Sellers total liability shall not exceed the amount paid by the Customer for the relevant Goods or Services.
11.2 The Seller shall not be liable for:
- loss of profit,
- loss of revenue,
- business interruption,
- indirect or consequential loss,
- reputational damage,
- or third-party claims.
11.3 Nothing in these Terms limits liability for death or personal injury caused by negligence or any liability that cannot legally be excluded.

13.1 The Seller may terminate any order or suspend performance immediately if:
- invoices remain unpaid;
- the Customer becomes insolvent;
- or the Seller reasonably believes payment is at risk.

14.1 If any provision of these Terms is held unenforceable, the remaining provisions shall continue in force.
14.2 These Terms constitute the full agreement between the parties.
14.3 No waiver by the Seller shall constitute a continuing waiver.

15.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
15.2 The courts of England and Wales shall have exclusive jurisdiction.