Terms and Conditions of Trade

1. These terms and conditions apply to all transactions and dealings by Gap Group Limited (trading as Climate) unless otherwise expressly provided in writing by Climate.

Terms and Conditions of Quotations

2. Any quotation issued by Climate is valid for 120 days from the date of issue.

3. A quotation is issued based on all information supplied by the customer and the customer agrees Climate is entitled to rely on all such information as accurate, correct and complete in all respects. The customer is responsible for any costs arising if the information is not accurate, correct and complete.

4. Once a quotation has been accepted by the customer, all prices and details become final.

5. All requests to vary either the specifications of the work or the nature or quantum of work for which a quote has been issued and accepted will be considered by Climate, which may at its discretion agree to the variation. As a pre-condition to any variation being accepted, Climate will require the customer to agree in writing to any adjustment to the quotation price before it accepts the variation.

6. Where a special price or discount offer has been applied to a quotation, no other special promotion, discount or bonus offer will be applicable.

7. Once a quote has expired, it will be deemed cancelled without any further notification from Climate.

Terms of Payment

8. Payment in full is required within seven days of the tax invoice date unless a credit facility has been agreed to with Climate before the work or supply of goods commenced.

9. If a credit facility has been established, payment will be required in accordance with the terms of that facility.

10. Climate is entitled to issue progress payment invoices from time to time on account of the total contract price and each such progress invoice shall be due and payable in accordance with these terms.

11. The customer shall pay interest to Climate on all amounts not paid by the due date at a rate calculated as being 5% above the overdraft rate being paid (or which would be payable) by Climate to its bankers at that time.

12. The customer shall pay to Climate all costs which Climate incurs in pursuing and enforcing the collection of any overdue account.

Installation

13. The customer shall be responsible for providing a safe and legally compliant work environment in which to carry out all works requested of Climate. In the event that Climate or any of its personnel identify issues of health and safety or legal non-conformity in any sense, they shall be entitled to stop work until such matters have been remedied by the customer.

14. In the course of carrying out any work, if Climate personnel identify any issue requiring remedial work to ensure compliance with mandatory standards, such personnel shall bring this to the attention of the customer and may be unable to proceed with the contracted services until such remedial work is carried out.

15. Any remedial work which the customer requests Climate to attend to will be treated as a variation to the contract.

16. When an installation site is uncovered, if it is apparent more work will be required to complete the installation that could have been apparent from a visual inspection, such additional work will be treated as a variation to the contract.

17. Climate will not be responsible for any loss or delay caused by a need to carry out remedial work identified by it or its personnel.

Guarantees

18. Climate will provide with its goods and services the following warranties:

18.1 In respect of all goods and parts, these will carry a warranty equivalent to that offered by the manufacturers.

18.2 All workmanship carried out by Climate personnel will be guaranteed against defects or errors for a period of one year following the date on which the work was carried out.

19. If the goods and/or services offered by Climate are being acquired for the purposes of a business, both parties agree that the Consumer Guarantees Act 1993 shall not apply.

20. In the event that the Consumer Guarantees Act applies, nothing shall be taken as abridging the rights of any consumer under that Act.

Reservation of Title

21. All goods and material remain the property of climate until paid for in full. Climate is granted the right by the customer to enter upon any premises and remove the goods and material at any time in the event that the invoice in respect of them is not paid by due date. Climate is not obliged to continue with or complete any further work for the client in the event of defaulting payment. The customer shall always ensure that any goods or materials supplied by Climate shall remain identified as such at least until payment in full of all relevant invoices has been made.