Terms & Conditions

 

TERMS AND CONDITIONS FOR TRADE


Definitions

 

1.1           In these terms and conditions:

 

Acknowledgement of Order” means our written acknowledgement of your Order setting out the Goods and Services that you have ordered from us.

 

Conditions” means the standard terms and conditions of sale and supply of services as set out in this document.

 

Contract” means the contract between you and us for the purchase and sale of the Goods and Services subject to these Conditions.

 

Daikin” means Daikin Industries or Daikin Europe NV depending on the context and transaction of the product.

 

Goods” means the products which we supply to you as set out in our Quotation in accordance with these Conditions.

 

Installer” means a person or company appointed or authorised by us or Daikin to install or maintain the Goods.

 

Order” means your indication, whether given orally or in writing, that you accept the Quotation and the terms of the Contract.

 

Quotation” means our document, headed “Quotation”, with a reference number, addressed to you, listing the quantity, model number and/or description of all the Goods and Services which we will supply to you and their price excluding VAT.

 

Services” means the services and labour we agree to provide to you under the Quotation and/or ancillary thereto.

 

Subsidiary” means Space Air Solutions Ltd registered in England and Wales with Company No. 13348799 also trading as Space Air.

 

we” or “us” or “our” means Space Airconditioning plc registered in England and Wales with Company No.1313460 trading as Space Air or spaceair.co.uk or its subsidiary (when the contracting party is, and is evidenced as and intended to be Space Air Solutions Ltd) and includes reference to our employees, agents, representatives and sub-contractors.

 

Writing” includes paper, email, facsimile transmission and comparable means of written communication.

 

you” or “your” means the natural person, partnership or corporate entity purchasing the Goods and/or Services from us in the course of your business and whose name and address appears on the Quotation and Acknowledgment of Order and includes reference to your employees, agents, representatives and sub-contractors.

 

1.2           Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

 

 

 

 

Basis of the Sale

 

2.1          Any estimate that we provide to you shall constitute an invitation to treat and shall not be binding upon us.

 

2.2          The Quotation is an offer from us to you to enter into the Contract, which is open to you for acceptance for a period of 30 days.

 

2.3          We may withdraw or amend the Quotation at any time prior to your acceptance of it.

 

2.4          The parties may agree in writing to vary the terms of these Conditions as they apply to the Contract.

 

2.5          You may accept the Quotation orally or in writing. By doing so, you enter into a binding contract with us subject to these Conditions and acknowledge that you have received a copy of these Conditions or know that they can be accessed on our website and make your offer in full knowledge and subject to them.

 

2.6          Upon your acceptance of the Quotation we will provide you with a written acknowledgement of your Order.

 

2.7          The price of the Goods is fixed for 90 days unless otherwise stated or agreed in writing between the parties in the event that delivery and payment is intended to be deferred.

 

2.8          All prices are exclusive of VAT which will due and payable at the prevailing rate.

 

2.9          We are under no obligation to sell or supply incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised as an error.

 

Orders and Specifications

 

3.1          The quantity, quality, description and specification of the Goods shall be as set out in the Order and can only be amended or varied with our written consent.

 

3.2          If at our discretion any changes are accepted to the Order, then the price, any discount and the delivery may also become subject to change.

 

3.3          It is your responsibility to be sufficiently familiar with the nature and performance of the Goods so as to be in a position to make an informed choice.

 

3.4          You alone shall be liable to us and third parties for:

3.4.1      ensuring the accuracy of the description of the Goods and their specification as set out in the Order;

3.4.2      providing us with all necessary information relating to the Goods or Services within a sufficient time to enable us to perform the Contract in accordance with these Conditions;

3.4.3      ensuring that the Goods that you have chosen are appropriate and fit for the particular purpose for which you have purchased them; and

3.4.4      ensuring that any subsequent amendment to the Order complies with 3.4.1 to 3.4.3 above.

 

3.5          We reserve the right to make any changes in the specification of the Goods which do not materially affect their quality or performance or where such changes are required to conform to any applicable safety or other statutory requirements or constitute minor modifications by Daikin or us.

 

3.6          All our samples, drawings, descriptive matter, calculations, specifications, advertising, descriptions or illustrations contained in our catalogues, brochures or website are published for the sole purpose of giving an approximate idea of the Goods described in the order. They are for your general guidance only and statements included in these documents (in the absence of fraud on our part) shall not constitute representations or warranties by us and we shall not be bound by them.

 

3.7          If you require advice (including health and safety information) from us that you propose to rely upon in relation to the Goods or Services:

3.7.1      you must make a specific written request;

3.7.2      you shall only be entitled to rely on any advice given by us if it is given by a person authorised by us to give such advice;

3.7.3      the advice is given in writing; and

3.7.4      you must not disclose any advice given to any third party and no third party is entitled to rely upon it.

3.8          Upon you giving us reasonable notice, and subject to any fees chargeable, we will provide you with a Commissioning Certificate only when:

3.8.1      we are satisfied that the Goods have been installed to the requisite standard; and

3.8.2      you have paid us all amounts you owe us in full in cleared funds.

Cancellations

 

4.1          Except where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you cannot cancel or vary an Order which has been accepted by us except with our agreement in writing.

 

4.2          In the event that you cancel an order without our written consent, you shall be liable to pay us 25% of the value of the Goods and Services.

 

Terms of Payment

 

5.1          Subject to any special terms agreed in writing between us, we shall be entitled to invoice you for the price of the Goods on or at any time after the Order has been made.

 

5.2          You will be deemed to have accepted our invoice if you do not dispute it in writing within 7 days of its date.

 

5.3          Invoices are payable within 30 days of the date of the invoice.

 

5.4          Payment is due notwithstanding that we hold the Goods off-site or otherwise at your request.

 

5.5          The time within which you are to pay for the Goods and Services shall be of the essence of this Contract.

 

5.6          If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:

5.6.1      cancel the Contract or suspend any further deliveries to you;

5.6.2      charge you interest from the date when the payment becomes due from day to day until the date of payment at the rate of 3% above the base rate of Lloyds Bank PLC from time to time in force or, at our discretion, at the prevailing court prescribed rate whichever is the higher; and

5.6.3      recover from you such reasonable costs as we may incur in recovering any overdue balances (for the avoidance of doubt, including all legal costs notwithstanding any claims track allocation if court proceedings are issued).

 

5.7          Any discount offered by us for prompt payment shall cease to apply if payment in full is not madeon or before the agreed payment date.

 

5.8          Where the parties agree for payment to be made by installments, any discount shall be forfeited by you and recoverable by us in the event of late payment of any installment. If an installment is received late and you have already benefited from a discount, then the amount of that discount will be considered as a part payment and any discount amount previously credited will remain outstanding and payable.

 

5.9          You shall make all payments due under the Contract in full without any deduction, whether by way of set off, counterclaim, discount, abatement or otherwise.

 

Delivery

 

6.1          Delivery of the Goods shall be deemed to take place when:

6.1.1      you collect the Goods; or

6.1.2      they are delivered to your business premises; or

6.1.3      they are delivered to premises designated by you in writing.

 

6.2          You are entitled to collect the Goods from us, during our trading hours, if so agreed between us. You acknowledge that if you enter our premises in connection with this Contract, you do so entirely at your own risk.

 

6.3          We will only deliver to your authorised representative or other agent, who must sign for the Goods immediately upon delivery.

 

6.4          Goods will not be left without being signed for by your authorised agent. Signature for the Goods by your authorised agent shall stand as conclusive proof that all of the Goods listed on the delivery note have been delivered.

 

6.5          You must take all reasonable steps to enable delivery to take place at the agreed time and place. Nonetheless, if delivery fails as a result of circumstances beyond your control, you shall bear the cost of re-delivery.

 

6.6          We are not liable for nor obliged to off-load, handle or supervise the handling, off-loading and positioning of Goods upon delivery.

 

6.7          You shall inspect the Goods upon delivery and must within 3 days of delivery notify us in writing of any alleged defect, shortage in quantity or damage to the Goods.

 

6.8          If you give us notice in accordance with clause 6.7, then you must give us an opportunity, within a reasonable period of time, to inspect the Goods at your premises or the delivery site before use is made of them.

 

6.9          If you fail to comply with clauses 6.7 or 6.8 above:

6.9.1      the Goods shall be conclusively presumed to be in accordance with the Contract and/or delivery note and free from any defect or damage which would be apparent upon reasonable inspection;

6.9.2      you shall be deemed to have accepted the Goods; and

6.9.3      we shall have no liability to you or any other party in respect of the Goods.

 

6.10       If you establish to our reasonable satisfaction that the Goods are not in accordance with the Contract or are defective, your sole remedy in respect thereof shall be limited, as we elect, to making good any shortage or repairing or replacing such Goods or refunding all, or that part, of the Contract price against return of Goods in good condition.

 

6.11       Time for delivery shall not be of the essence of the Contract.

 

6.12       Delivery dates referred to in the Quotation or acceptance form or elsewhere are given in good faith but are approximate only. We shall not be under any liability to you whatsoever in respect of a failure to deliver on a particular delivery date.

 

6.13                   Any failure by us to make delivery (including of an installment), on a specified date or time shall not entitle you either to cancel the order or the delivery or to repudiate this Contract or to claim for any expenses, loss of profit, or any other consequential loss or damage whatsoever.

 

6.14       If the Goods are not collected as agreed or you do not accept delivery within 14 days from when we notify you that they are available for delivery, you will be liable for a reasonable storage charge which must be paid before the Goods are released.

 

6.15       We may extend the date and/or time for delivery for a reasonable period where the delay in delivery is occasioned by any cause beyond our reasonable control. We will notify you as soon as reasonably practicable after we become aware of any such delay.

 

6.16       If you do not notify us of postponement of delivery and Goods have been dispatched and have to be returned to us for re-delivery, then we will be entitled to charge you a reasonable handling and administration cost.

 

Returns

 

7.1          Where you wish to return the Goods, or some of them, which have been supplied in accordance with the Order, you will only be credited at our sole discretion with the value of the returned Goods:

7.1.1      with our prior written agreement;

7.1.2      at a price agreed by us; and

7.1.3      if the Goods are unused and undamaged.

 

7.2          If we discover subsequent to our written agreement to accept the Goods, that they have been used or damaged, they will be subject to a restocking charge between 5% and 100% of their value depending on their state.

 

7.3          Specially ordered or adapted items cannot be returned.

 

Ownership and Risk

 

8.1          Risk of damage to or loss of the Goods shall pass to you upon your collection of the Goods or upon delivery of the Goods, or, if you fail to take delivery of the Goods in breach of this Contract, the time when we have tendered delivery of the Goods.

 

8.2          Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions, all the Goods supplied shall remain our sole and absolute property both in law and in equity until you have paid us in full in cash or cleared funds for them. Until such time, you hold the Goods as our fiduciary agent and bailee.

 

8.3          Until such time as you become the owner of the Goods in accordance with the above provisions, you shall store them at your premises or at the delivery site, separately from your own goods or those of any other person, at your sole risk, and in a manner which makes them at all times readily identifiable as our Goods.

 

8.4          After the date upon which payment becomes due and payment has not been made by you in full, we shall be entitled to enter upon your premises or those of any third party where the Goods are stored and repossess the Goods and shall in any event be entitled to resell or use the Goods in the ordinary course of our business.

 

8.5          Your right to possession of the Goods shall cease if you do anything or fail to do anything which would entitle an Administrator or Receiver to take possession of any of your assets or if a person presents a petition for winding up or bankruptcy against you or if you become insolvent.

 

Warranties

 

9.1          We are only bound by the warranties set out in this clause 9 when you have completed and returned, and we have actually received, a warranty claims form. No credits for parts or labour allowances will be considered in the interim.

 

9.2          We are only bound by the warranties set out in this clause 9 and will only provide a warranty claims form when you have paid for the Goods in full by the date of due payment.

 

9.3          Where you request a warranty replacement in respect of any Goods or parts, we and/or the Daikin shall be entitled to investigate the alleged problem. If we discover that the fault or damage to the Goods identified is attributable to your own breach of obligations under the warranty, negligence or neglect (including your design):

9.3.1      the warranty shall be voided; and

9.3.2      If we have attended on site in the event of a breakdown, you shall be liable for all of our travelling expenses and labour costs.

 

9.4          If we and/or our agent determine that the Goods are of a satisfactory quality and fit for purpose and you disagree, you may at your own cost appoint an independent expert to provide a report. In such circumstances, we reserve the right to put questions to your expert and, whilst we shall not be bound by your expert’s findings, we shall give due consideration to it.

 

9.5          You warrant to us that you are an F-Gas certified trader or that the goods will be installed (where applicable) in accordance with Regulation (EU) No 517/2014 on Fluorinated Greenhouse Gases.

 

9.6          Subject to the additional conditions set out below, we warrant that Goods will be of a satisfactory quality at the time of delivery and will be free from defects in material and workmanship for a period of 36 months from the date of installation or 42 months from the date of delivery whichever is the shorter period.

 

9.7          Our standard warranty period prescribed in clause 9.6 does not apply to the following, which are covered by a one year warranty from the date of delivery:

9.7.1      Spare Parts.

9.7.2      Centrifugal and Screw compressor chillers.

9.7.3      Air Handling Units.

 

9.8          Compressors supplied as spare parts are covered only by a 90 day warranty period from date of delivery.

 

9.9       The Warranty is only valid provided that the Goods are installed by a dealer or installer authorised by us and they are thereafter maintained in accordance with the Daikin’s instructions by an authorised dealer or installer of ours.

 

9.10       The Warranty does not apply to unapproved combinations or non-matched equipment. In such a case, only the standard 12 months warranty will apply from date of delivery.

 

9.11       Upon our reasonable request, following any claim made by you under the Warranty, you shall provide us within 7 days of our request with satisfactory written evidence of regular maintenance.

 

9.12       We will not issue credits for parts or labour allowances until you have completed and returned our warranty forms (we will provide you with such forms upon full payment of the invoice).

 

9.13       If we are required to attend on site in the event of a breakdown we are entitled to charge travel expenses and labour costs.

 

Liability

 

Please read the exclusion clauses below carefully

 

10.1       Nothing in these Conditions shall exclude or restrict our liability for death or personal injury resulting from our negligence.   

 

10.2       Our liability to you, whether for breach of the Contract or otherwise, shall not in any event exceed the Contract price and we shall be under no liability for any consequential or indirect loss suffered (including, but not limited to loss of profits) or liability to third parties incurred by you.

 

10.3       If the Goods are not manufactured by us, then our liability, in respect of any defect in workmanship or materials of the Goods, will be limited to such rights against the manufacturer as we may have in respect of those Goods.

 

10.4       Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

10.5       We shall be under no liability in respect of any defect in the Goods arising from any faulty drawing, design or specification supplied by you or for defects caused by faulty design or installation of support systems installed by third parties.

 

10.6       We shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our instructions or instructions provided with the Goods by Daikin, misuse or alteration or repair of the Goods by anyone other than one of our authorisedinstallers.

 

10.7       We shall be under no liability under the Extended Warranty if the total price for the Goods has not been paid by the due date for payment and for this purpose time for payment shall be of the essence.

 

10.8       Where any valid claim in respect of any Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to us in accordance with these Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price) but we shall have no further liability to you.

 

10.9       We shall not be liable to you by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract for any direct or natural losses nor any consequential loss or damage (including but not limited to loss of profits) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you except as expressly provided in these conditions.

 

10.10    We are not liable for any damage to third party property as a result of water damage through leaks or condensation.

 

10.11    You fully indemnify us against any claim made by a third party against us arising out of the sale and/or supply and/or installation, maintenance and continued use of the Goods.

 

Force Majeure

 

11.           We shall not be liable to you or be held to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control: an act of God, import or export regulations or embargoes; power failure or breakdown in machinery; or delay occasioned by a third party, including our suppliers.

 

Confidentiality

 

12.1       The information contained in any quotation shall be treated by you as strictly private and confidential up until the date you place an Order which is the subject of the Quotation.

 

12.2       You shall take all reasonable steps to ensure that the Quotation information is not disclosed to any third party whatsoever unless its disclosure has been expressly authorised by us in writing.

 

12.3       You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives (including but without limitation, pricing information and other information) which are of a confidential nature and have been disclosed to you by us whether orally or in writing and whether or not specifically marked confidential and any other confidential information concerning our business or our products which you may obtain.

 

12.4       We shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives (including but without limitation, pricing information and other information) which are of a confidential nature and have been disclosed to us by you whether orally or in writing and whether or not specifically marked confidential and any other confidential information concerning your business or your products.

 

Non-Reliance

 

13.           Except in respect of clause 3.6, in entering into the Contract you acknowledge that you do not rely on any statement, promise or representation made or given by us or on our behalf unless such representations are confirmed in writing by us. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

 

Our Policies

 

14.           We may from time to time publish policies in respect of warranties and other such matters. Where there are any inconsistencies between those policies and these Conditions, these Conditions take precedence over the terms of the policy.

 

Entire Agreement

 

15.           Subject to clause 14 above, unless otherwise agreed in writing between the parties, these Conditions shall govern the Contract to the exclusion of any other terms and conditions (including but without limitation any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).

 

Notice

 

16.       Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

 

17.       The parties are entitled to give notice by way of email at sales@spaceair.co.uk.

 

Severance

 

18.       Any provision of these Conditions which is void or unenforceable in whole or in part shall, to the extent of the invalidity or unenforceability, be deemed severable and shall not affect any of the provisions of this Contract.

 

 

 

Third Parties

 

19.       For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

 

Assignment

 

20.1    Upon providing you with notice, we can transfer our rights and/or obligations under this Contract to any third party provided that this does not adversely affect your rights under the Contract.

 

20.2    This contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else without our prior written consent.

 

Waiver

 

21.       No waiver or forbearance by us, whether express or implied, in enforcing any of our rights under this Contract shall prejudice our rights to do so in the future.

 

Variation

 

22.       We reserve the right to modify these terms and conditions to new orders.

 

Jurisdiction and Governing Law

 

23.       The Contract shall be governed by the Laws of England and the parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with it or its subject matter.

 

 

March 2015

 

March 2015 - TERMS AND CONDITIONS FOR CONSUMERS.


These Terms and Conditions of Space Airconditioning plc (trading as ‘Space Air’ or ‘Spaceair.co.uk’ that govern the sale of goods to you, the Consumer. By ‘Consumer’ we mean any person acting outside of any trade, business or profession.

We have tried to keep our Terms and Conditions as clear as possible, and give you the information we can about your online or off premises transactions so that you completely understand the whole process, from order to delivery and beyond.

It is very important to us that your online shopping experience meets expectations, so please spend a few minutes and read on. You will need to accept our terms of sale every time you make a purchase – they might change from time to time, so do check the date at the top of the page.

 

1.    General

 

1.1                All goods remain the property of Space Airconditioning plc until payment has been received in full.

 

1.2                All products come with at least a 12 month conditional warranty (as set out in clause 7 below), unless otherwise stated.

 

1.3                You must supply an Email address and phone number with your order for security reasons, as we need this information sometimes to confirm identity. We reserve the right not to process order requests that do not contain valid customer information or to decline any offer to purchase for any reason.

 

1.4                The prices payable for the items that you order are clearly set out on the web site. All prices are expressed inclusive of any VAT payable. The price of the items does not include the delivery charge.

 

1.5                Payment - You can pay with any Maestro, Delta, MasterCard, American Express, Visa card or PayPal. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons.By using a credit/debit card to pay for the goods, you confirm that the card being used is yours or that you are authorised to use it.

 

1.6                These terms are governed by the laws of England and Wales and any disputes will be decided only by the courts of England and Wales.

 

2.               Contract

              

2.1                The steps required creating the contract between you (the Consumer) and us (Space Airconditioning plc) are as follows:

·       You place the order for your products on the Website by pressing the ‘proceed’ button at the end of the checkout process.

·       We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from us.

·       Order acceptance and the completion of the contract between you and us will only take place on the despatch to you of the goods ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with your right to do so.

 

2.2            We reserve the right not to fulfil your order for any reason, including but not limited to, product pricing and availability. In the event of any of these circumstances we will contact you as soon as possible to either amend or cancel your order or offer a full refund.

 

2.3            We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised as an error.

 

 

 

 

3.              Delivery

 

3.1.           Delivery will be made to the address specified by you. Please note that our standard delivery of products is within mainland UK, including the Isle of Wight. Our courier will make all deliveries to you. .

 

3.2.           We recommend that where required you book any fitters for the day after delivery. Deliveries to commercial properties could void your warranty. The products are intended for consumers for use in their homes.

 

4.            Next day delivery

 

There is an additional charge for special next day deliveries. Next day delivery is available on selected products only. This service is available for mainland UK deliveries only. When this is not possible a suitable alternative delivery date will be offered and any additional next day delivery charges you have paid will be refunded. All other Terms and Conditions apply, including those for additional services.

 

5.              Rights to cancel.

 

5.1            If for any reason you change your mind before delivery or would like to return your order after delivery, we are happy to refund or exchange your purchase. This option is available for up to 14 days after delivery of the goods to you.

 

5.2            By the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you can examine the goods (as you would in a shop) and cancel the contract by communicating to us the exercise of your right to cancellation before the 14 cancellation period has expired but you must not have used or unreasonably handled, used or installed the goods.

 

5.3            You are entitled to a refund as long as:-

a)      You inform us of your decision to cancel either before despatch or within 14 calendar days from the day after  receipt by you of the goods; and

b)     The goods must be in an ‘as new’ unused and uninstalled condition and returned without undue delay in the original, undamaged packaging along with all and any accessories and product information literature.

 

5.4            If you have received the Goods before you cancel your order you must send the Goods back to the address supplied by us at your own cost and risk. You should obtain proof of postage.

 

5.5            You are required to take reasonable care of the goods to ensure that they are not damaged by you or in transit. If you do not exercise reasonable care and products are damaged, a claim may be made against you for the damage howsoever caused. This might affect your cancellation rights.

 

5.6            There are three ways to cancel your purchase:

·       You can cancel your order via the Contact Us facility on the Customer Services page.

·       You can phone us on 01483 504883 with your order reference number and delivery details to hand.

·       You may also use the attached model cancellation form, but its use is not obligatory.

       

5.7            Once we have received the goods back from you and examined them to ensure their satisfactory condition, we will give you a refund for the cost of the product plus the delivery charge paid (except for the additional costs arising if you selected a type of delivery other than the least expensive type of standard delivery offered by us).

 

5.8            At our discretion we may make a deduction from the refund for any loss in value of the goods if the loss is a result of any unnecessary handling by you.

 

5.9            If you have requested we begin the performance of any service, such as a special delivery or the installation of a product, within the 14 day cancellation period we have the right to retain any charge paid for services which have already begun or been completed.

 

5.10         You cannot cancel your purchase:

a)      After 14 days from the day on which you receive the goods.

b)     If you return your product to us without proof of purchase.

c)      The goods were a special order to your specification.

d)     The goods have been used or installed or returned to us in any other unreasonable condition.

e)      The goods are returned to us damaged in transit.

 

6.      Effects of cancellation

 

6.1            If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

 

6.2            We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

 

6.3            We will make the reimbursement without undue delay, and not later than:-
  

a)      14 days after the day we receive back from you any goods supplied, or

b)     (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

c)      if there were no goods despatched, 14 days after the day on which we are informed about your decision to cancel this contract.

        

6.4            We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods.

 

6.5            You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.

 

6.6            You are liable for the direct cost of returning the goods to us.

 

6.7            You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

7.      Warranty 

 

7.1            All goods supplied by us are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. 

7.2            This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, improper use maintenance or installation (otherwise than as recommended by us or the manufacturer), or any alteration or adaptation. 

7.3            If the goods supplied to you are damaged on delivery, you should notify us in writing by e-mail info@spaceair.co.uk, or the phone or fax number shown below within 2 working days of receipt. 

7.4            If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing via the e-mail address or fax number shown below as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.

7.5            You must obtain a returns number for any goods returned to us. This returns number must be clearly shown on the returned parcel.

7.6            All applicable products must be installed by an F-Gas certified entity or engineer in accordance with regulation (EU) 517/2014 on Fluorinated Greenhouse Gases.

 

8.             Faulty goods

 

8.1            In the unlikely event your product develops a fault, we endeavour to make our returns or repair service as simple as possible.

 

8.2            If, after the goods have been fitted, you find a fault; we reserve the right to request the following steps are complied with:

 

a)      you provide written notice (email notification is acceptable) to us quoting your invoice reference number within 2 days of discovering the defect; and

b)     at our option, you allow us to provide an engineer, who shall contact you to arrange a house visit to inspect the goods and confirm the fault or if asked by us you shall return the goods to us for the examination to take place. If the defect is accepted we shall reimburse the reasonable cost of postal return.

c)      upon confirmation from the engineer that there is fault, at our option we shall repair or replace such goods (or the defective part) or refund the price of such goods, whichever is considered to be economically viable to us.

      

8.4            We shall not be liable for the goods if you continue to use the goods after giving such notice to the Company; or alter or attempt to repair the goods without our written consent.

 

8.5            To resolve your problem with regard to faulty products please contact one of our customer service team on 03330 063 773 who will be happy to help resolve your problem.

 

8.6            You can either return the product to us Space Airconditioning plc  at Willway Court,1 Opus Park, Moorfield Road, Guildford, Surrey, GU1 1SZ   or phone After Sales on 01483 504883 to arrange for collection. After Sales is open from 9am to 5pm, Monday to Friday.

 

8.7            Refunds for faulty goods include the applicable delivery charge and you will not be charged for collection. Replacement goods are sent by standard delivery.

 

8.8            We do not cover faults caused by accident, neglect, misuse or normal wear and tear.

 

8.9            Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use.

 

8.10         For all returns and after sales service, please call our Contact Centre on 03330 063 773 and we will assist you.

 

9.              Limitation of Liability 

 

9.1            Our total liability to consumers in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods. 

 

9.2            Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, any breach of the obligations implied by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

 

9.3            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (Force Majeure Event).

 

10.          After sales policy/Complaints

 

10.1         We endeavour to reply to any communications or complaints within a 7 day period.

 

10.2         Please send any complaints in writing to  Space Airconditioning plc  marked "Complaints Department" and mailed to our registered address at Willway Court,1 Opus Park, Guildford, Surrey, GU1 1SZ or email:info@spaceair.co.uk.

 

10.3         The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer.

 

Other information

11.   This website and intellectual property.

We, our subsidiary company Space Air Solutions Limited and our suppliers own their respective copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

 

12.   General.

 

12.1         These terms and conditions, and all transactions relating to this website and all non-contractual obligations arising from any transaction carried out on this website are governed by English law and are subject to the exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.

 

12.2         Subject to clause 12.4 below, these terms and conditions only cover sales undertaken by Space Airconditioning plc through the spaceair.co.uk website or other sites that advertise our products with our permission. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply. We acknowledge we have a legal duty to supply goods that are in conformity with a contract.

 

12.3         ‘Spaceair’ and ‘spaceair.co.uk’. is a trading name of Space Airconditioning plc, Willway Court, 1 Opus Park, Moorfield Road, Guildford, Surrey, GU1 1SZ,  registered in England and Wales No 1313460. VAT No. 68 928 5468.

 

12.4           Siestaair.co.uk is a site operated by our subsidiary SpaceAir Solutions Limited, Willway Court, 1 Opus Park, Moorfield Road, Guildford, Surrey, GU1 1SZ registered in England and Wales No 13348799. VAT No. 68 928 5468. A consumer contract completed through the website/url link to Siestaair.co.uk is with Space Air Solutions Limited subject to these terms. Reference to ‘us’ shall be substituted as a reference to Space Air Solutions Limited who is the contracting party but all other contact details remain applicable. 

 

12.5         We accept internet orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.

 


R22 CASHBACK PROMOTION TERMS & CONDITIONS

(These conditions are to be read in conjunction with Space Air Terms & Conditions)

Offer applies to any Split, Multi Split and Sky Air or any other manufacturer within the range of 1kW – 14kW.

The discounted offer will be in the form of a retro payment after submitting evidence, as described below.

1) The offer also applies to outstanding quotations if they will be replacing R22 equipment.
2) This offer is valid until 30th September 2015 and valid for existing current quotations not existing orders.
3) You will be invoiced your normal price, including VAT. Payment of the retro will be credited after receiving the evidence.
4) The retro value will be 7.5% calculated on the net after the POL (pay online) + VAT.
5) You can order online (if you have a credit account with Space Air) and pay online.
6) For payment online, you will receive an extra 5% discount.
7) Retro for account holders (i.e. not POL) will be credited to their account and subject to payment being maximum 30 days from date of invoice.
Retro Payment will be issued after invoice is paid.
8) The incentive value shown will include VAT.
9) Existing equipment removal and new equipment installation must be carried out by F-Gas approved installers, category 1. (see main T&Cs).
10) Special attention is required if you are retaining the existing refrigeration pipe work. You must follow procedures and ensure that the pipe work specification is as per table (see Procedures).
11) We can collect (free of charge) old equipment (indoor and outdoor only) at the time of delivery. (Please complete information) required. If we cannot due to certain circumstances we can give you a price for special arrangements. Please complete the information required at time of ordering and we will advise.
12) Warranty is 3 years subject to the following conditions:
  • Equipment removed must be in accordance with conditions applicable and subject to the manufacturers & Space Airconditioning plc conditions. 
  • New equipment installed in accordance with the manufacturer guidelines and Space Airconditioning plc.
  • Equipment to have a maintenance contract within 3 months from date of installation. Copy of maintenance contract will be required.
  • Equipment to be decommissioning and new equipment installed to be carried out by F-Gas approved (see below and F-Gas Regulation). Space Air will not accept any liability.
    Technicians, decommissioning and removing existing equipment and/or installing, servicing and maintaining new equipment, must hold C&G 2079, Category 1 (or CITB J11) qualification and be employed by a company that holds a current F Gas Certificate or, if a sole trader, hold their own current F Gas Certificate.

This warranty is applicable to installation within the UK, Channel Islands, Isle of Man and Gibraltar.

All these promotions and transactions are subject to Space Airconditioning plc All Terms and Conditions which you have agreed to.

Any queries regarding the promotion please contact 03330 069 755 and quote Reference number

WEBSITE TERMS OF USER 
If you use any Space Air Website you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.
 
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.
 
You must not use any Space Air Website: (i) in any way that causes, or is likely to cause, any Space Air Website, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
 
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.”
 


Revision date: 20 September 2015