Terms & Conditions
Terms & Conditions of Comfort Zone Southern ltd
The contract of sale or service between the parties shall be governed by these conditions. No other terms or conditions except those which may be implied by law or statute shall be of any effect unless the same are expressly agreed in writing by the parties.
2. Quotes & Charges.
a) The quoted price is valid at the time of quotation, but may have increased if your order is placed at a later date and in any event is always subject to installation taking place within 14 days of the contract. The quoted price for hourly rates shall be provided for the customer before the work on site commences. The price of any equipment and resources used by us will be invoiced upon job completion and are charged at current rates set by us the supplier.
b) Upon completion of work i.e. Installation, Service or Fault Diagnoses, a job sheet will be filled out by the engineer who has attended the site which will be then offered to the person in charge on site or an authorised person with an obligation to sign and date agreeing to undertaken works and time on site as true.
c) We have quoted the cost of installing, servicing or repairing air conditioning, ventilation or refrigeration equipment’s as discussed with you. Once a quotation is accepted, we agree to install, repair or service the equipment’s to the maximum of our capability and the full potential of your systems being repaired/diagnosed on the terms set out in these conditions.
d) The acceptance of a quotation for Goods and/or Services by the Supplier constitutes an offer by the Client to purchase the Goods and/or Services specified in it on these Conditions and is deemed liable to pay for all services. No offer placed by the Client shall be accepted by the Supplier other than;
(a) By an acknowledgement of order being issued by the Supplier; or
(b) (if earlier) by the Supplier delivering the Goods or starting to provide the Services,
when a request for the supply and purchase of those Goods and/or Services on these Conditions will be established.
All work set out in the quotation will be carried out during normal working hours, which are 8.00am-5.00pm Monday to Friday, unless otherwise stated. Access to your premises is required while work are in progress. We do not charge a call out fee between 08:00 and 17:00 hours.
4. Additional costs may be incurred if:-
a) An engineer has attended customer site before 5 pm but exceeds 5 pm, customer will be liable to pay overtime rates.
b) Variations or additions not stated before commencing of undertaken works which we find to be necessary and which could not have been identified when the original quotation or survey was given.
c) We have to remove any dangerous waste material, such as asbestos and other, which could not have been reasonably foreseen when the original quotation was given and we became aware of only when installation/service commences.
d) For any reason we cannot gain access to site, resulting in delays or we have been called out and a cancellation is made if an engineer has or has not reached site yet. Agreed work is postponed after a cancelled call out, altered specifications and on site cancellations of works. You will still be charged as normal which will be 1 hour compulsory plus any time thereafter spent on site and/or any other charges that apply such as congestion charging &/or parking. Call outs can only be cancelled at minimum 24 hours notice.
e) You cancel your installation without giving us 48 hours notice. In all these cases we will explain to you the reasons for the additional costs and will agree with you in advance what the additional costs will be.
f) If an Installation takes place and is semi or fully installed but the customer decides to change their mind about specification and systems please note that we have a no returns policy on all equipment and will be re charged for a re-quotation of different specification or systems. The original quote cost for labour may vary according to the specification. You, the customer will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly. Additional charges will also apply to installations where works are delayed as a result of client error.
5. Maintenance Contracts.
a) The company will not accept liability for delays outside its control, including fire, war or adverse weather/traffic conditions. If this situation should arise, we will advise you of an alternative service/fitting date.
b) All units under Maintenance contract of Comfort Zone Southern Ltd are covered by the time prescribed and agreed upon including agreed contractual rates for breakdowns and parts and resources set at current rates. Abuse of units including vandalism, fire, excessive damage by water, war, extreme ambient temperatures or riot are not covered by the maintenance contract. In the event of service and repairs becoming necessary as a result of such causes, the cost thereof shall be charged to the Customer.
c) All Maintenance contracts are signed by both us the supplier and you the buyer with a maintenance contract which will include your asset list, agreed costs and terms of service. Payment terms of contract to be agreed with us including service interval dates. Any evidence of another contractor having performed works on any asset covered by us shall automatically make our contract agreement void. No compensation of remaining service shall be expected by us the supplier. Cancellations of contracts should be made to us in writing.
d) Times and dates are variable and will be booked according to customer request. PPM maintenance will usually be pre booked in a month in advance or when possible.
e) Payment of PPM maintenance contracts are usually payable in full unless otherwise agreed and accepted by our company Director.
e) All lubrication and cleaning materials shall be included in a PPM contract.
6. Invoicing, Payments & Late Payments
a) The balance is due on completion of the work, and a maximum time length of 14 working days is allowed before submission of payments. Comfort Zone Southern Ltd will notify you the buyer before work commences so it is clear to you. Any payments submitted after the agreed date will be liable to pay a late payment fee, unless a Credit Agreement with different terms of payment has been signed. In the event that the credit agreement is cancelled, you are liable to pay the balance outstanding immediately. Payments are accepted by the following;
(a) Bacs transfer or cheque. If paying by cheque the customer must inform us via email or phone and make payable to Comfort Zone Southern Ltd
(b) Most credit and debit card payments are accepted.
b) Late payments are charged with late payment fee which is at our own contractual rate set at 12.5% of final billing and is not to be confused with The Late Payment of Commercial debts (Interest) Act 1998 as supplemented and amended by the Commercial Debt Regulations 2002”. These charges will immediately apply when an invoice becomes overdue. Only under our company directors acceptance and discretion, may an invoice late payment fee be wavered.
c) We reserve the right to reject any excuse for non payment and will exercise full duty to recover all owed monies including interest. We will be polite in requesting owed monies but will resort to deploying our certified recovery experts in events where either lack of communication/avoidance or any rightfully owed invoice has not been paid. Once a final notice has been raised with added late payment fee, the client has 72 hours to make a payment to avoid further action. If this is not paid it will be passed to our debt collectors who will recover our costs and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors) plus the collectors admin fees and percentage.
d) The Client shall be liable to pay to the us the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract or agreement.
e) The total price for the Goods and/or Services are due in pounds sterling on the date of the invoice.
f) All amounts due to Comfort Zone Southern Ltd shall be paid in full without any retention, deduction or withholding. Client shall not be entitled to assert any retention, credit, set off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part.
g) Any fixed price contained in the quotation excludes packaging, loading, unloading, carriage, insurance and VAT (unless expressly stated otherwise) which the Supplier may add to its invoices at the appropriate rate.
h) Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Supplier the full overdue amount including late fee on the due date, the Supplier may
(a) Pass the unpaid debt to our debt collectors who will recover our costs and additional charges (Minimum £50.00 will be added if account is sent to our debt collectors), admin fee and percentage.
(b) Apply to County court to recover all costs. Court & solicitors fees apply. If such an occurrence should happen your company may be defaulted with a CCJ.
Comfort Zone Southern LTD
6 Sartoris Close, Warsash, Southampton SO31 9EW
Information you provide or we hold may be used by us or by our agents. All site visit addresses including commercial and residential that are emailed to us are kept confidential and are not distributed to any third party companies or agencies for sales purposes.
9. Credit check.
In connection with these terms, we may carry out a check with one or more licensed credit reference agencies. They will retain a copy of the search. Payment details of your account will be recorded and may be shared with other organisations to help make credit decisions about you and/or members of your household or company. This can also be used for debt collection and fraud prevention. This includes those who have moved house and who are in default.
These terms and conditions, together with the information overleaf are intended to set out the whole agreement between both parties. If you have any questions please contact us on 01489 578476.
a) All systems remain the property of Comfort Zone Southern Ltd, until paid for in full. Payments of Installations are agreeable with a deposit of the job being paid for upfront and remainders upon completion unless otherwise stated by Comfort Zone Southern Ltd. Deposits will be clarified at the time of quotation. Late payment fees also apply to installation also, if payments have not been paid or submitted late, a late payment fee will be applicable which is at our current contractual rate set at 12.5% and will be added to the final bill.
b) Any obstructions, i.e. Televisions, Furniture, and Computers etc should be moved prior to installation. If in the event this has not been possible, our engineers will move any items obstructing access, but whilst taking reasonable care, neither they nor the Company will accept any liability for damage. Comfort Zone Southern Ltd agree to remove major debris and particles caused by drilling and other construction work after an installation of equipment’s but will not offer a deep cleaning service after any installation such as sweeping and mopping of floors.
c) Comfort Zone Southern Ltd will install systems to a high standard & all quoted equipment to the best of our ability. We will always advise our customers the recommended equipment for a project, however if the customer requests a more budget option than quoted and is not entirely satisfied after job completion we will not be held responsible for their choice. These may include things such as an undersized unit for an area space that is unable to provide correct sufficiency, sound pressure reduction, physical appearance of a unit placed in an area requested by the customer. The specifications of all equipment’s are given to us by our suppliers.
d) Prior to Installation all unit specification will be verbally and/or written to the customer, also details & photographic imagery will be sent to the client for their information and satisfaction of knowing what systems will look like and consist of. If an Installation takes place and is semi or fully installed but the customer decides to change their mind about specification and systems please note that we have a no returns policy on all equipment and will be re charged for a re-quotation of different specification. The original quote cost for labour may vary according to the specification. You the customer will be liable to pay in full the original agreed amount of a fully installed, tested & commissioned system/s despite a change of mind. You the customer will be liable to pay an amount invoiced by us if a system is semi installed. Invoice/s will be worked out accordingly.
e) Additional charges will apply to installations where works are delayed as a result of client error. This will fall under our hourly and half hourly charges as standard until we can gain access, despite if an installation has been paid for. You will be billed separately. If installation works are postponed to a date differing from original date, to a weekend or bank holiday you may also incur further charges.
12. Call out Fees (normal time: 8:00 to 17:00 hrs)
a) Our call out service is Free between 8:00 and 17:00 hours, meaning travel time to your site is not chargeable by us the supplier. However we do start charging ‘on site charges’ as per our charges list (stated above in section 3) as soon as our engineer’s vehicles have reached your place of business/residence. Parking and congestion charging are all charged to our customers. Call out fees and on site charges do not apply to maintenance contracts however congestion and parking may be applicable.
b) To attend in the event of an involuntary stoppage of the equipment and to make such repairs or adjustments as may, in the Company’s opinion be necessary to obtain satisfactory operation and charge. The cost of any replacement parts involved shall be charged to the Customer by prescribed hourly rates.
c) We will charge you a minimum of 1 hour at current rate which is compulsory even if the engineer has diagnosed or fixed a system within 20 minutes (example) or less of being on site, delays on site or other issues such as security. The hourly charges are not negotiable once agreed and an engineer has been deployed. After the 1 hour period the half an hour rule applies and is set at current rate with the same terms as the 1st hour.
d) Should it be found necessary as a result of attending engineers inspections to replace/order/use any parts such as oil, oxygen free Nitrogen, refrigerant, cleaning chemicals, fan motors, valves etc the cost of such materials will be charged to the customer at current price list. Equipment used are not negotiable with price.
13. Out of hours call out fee, weekends & Bank holidays fees.
a) Our company can attend an emergency if we agree with ‘you’ the client. Time to get an engineer on site may vary and any attendance will be subject to an engineer being made available by our company to establish a site visit. Call out fees for (Mon-Fri 17:00 to 08:00 hours) are chargeable at £85.00. This service only applies to businesses within a 50 mile radius of SO31 9EW
b) The rate is £95.00 for call outs on weekends, public holidays and bank holidays etc
c) Any parking or equipment used are chargeable at current rates.
The Supplier is not the manufacturer of the Goods, however, where the Client takes out a service contract (as specified in the quotation) the Supplier shall Endeavour to transfer to the Client the benefit of the 3 – 5 years parts warranty issued by the manufacturer in respect of the Goods.
15. DELIVERY OF GOODS.
a) Unless otherwise agreed in writing by the Supplier, delivery of the Goods shall take place at the Supplier’s address. The Client shall take delivery of the Goods on the date that the Supplier notifies the Client that the Goods are ready for delivery.
b) Any dates specified by the Supplier for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
c) Subject to the other provisions of these conditions the Supplier shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Supplier’s negligence), nor shall any delay entitle the Client to terminate or rescind the Contract.
d) If for any reason the Client fails to accept delivery of any of the Goods when they are ready for delivery, or the Supplier is unable to deliver the Goods on time because the Client has not provided appropriate instructions, documents, licenses or authorisations:
(a) Risk in the Goods shall pass to the Client (including for loss or damage caused by the Supplier’s negligence);
(b) the Goods shall be deemed to have been delivered; and
(c) the Supplier may store the Goods until delivery, whereupon the Client shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
16. Guarantee of works.
Works carried out by Comfort Zone Southern ltd come with guarantee. Most installations carry a 1 year installation guarantee with conditions. If any installation ancillary should fail due to engineering fault within the 1 year period, which is not likely, Comfort Zone Southern Ltd agree to attend for free and eradicate the issue at our own expense. If however it is found that some (not all) equipment may be defective and found to be a manufacturer fault and not an installation fault, our time on site is chargeable to amend, de-assemble any such faulty equipment. Most manufacturers have there own warranty on ancillaries and equipment and an investigation or diagnoses may be made or faulty equipment sent back to the associated supplier for any warranty issues for further diagnosis or respective replacements.
Comfort Zone Southern ltd agree to give discount up to but not exceeding 15% for first time customers on all ‘on site time’ or ‘maintenance’ visits. Discount cannot be applied to congestion, parking, refrigerant or any other material that may be used. Discounts cannot also be used in conjunction with any other offer that may be on the website or advertised on any other sites such as twitter and Facebook. If a customer pre-pays a maintenance for 2 or 3 visits, they may be liable for a 10% discount on any ‘on site fees’ within the period of their maintenance intervals. Discounts may be withdrawn at any time without any notice by ‘us’ Comfort Zone Southern Ltd.
All quotations are sent to ‘you’ the customer via email based on the information you supply us. Once a quotation is sent and accepted by ‘you’ the customer, you may book a site visit for a full on site survey. After a site visit is conducted we will send you a formal quotation for acceptance. This service is chargeable @ £65.00 fixed and an invoice will be raised for the visit thereafter. This cost will be retracted or discounted if ‘you’ the customer decide to go ahead with an installation.
Note: You hereby acknowledge our terms & conditions and are legally bound by our terms set as above. Amended 2017 May.