Terms and Conditions
Welcome to Climate Controls and Spares UK Ltd. Climate Controls and Spares is a UK company based in Ivybridge Devon. Please remember that when you deal with us, expert help & advice is only a phone call away - call us on 01752 894777 if you need any help with using the site-
About Us Climate Controls and Spares UK Ltd are fully committed to providing an excellent service to our customers and an enjoyable trouble free shopping experience. If you have any suggestions or comments we would be pleased to hear from you, please email us using the link on the “contact us” page or contact us through our details below.
Our Contact details:
Climate Controls and Spares UK Ltd
Unit 3 Beech Road Business Park, Beech Road, Cadleigh, Ivybridge, Devon PL21 9HN United Kingdom
Phone: 01752 894777
Fax: 01752 897055
Registered in England No. 07846224
VAT Registration No. GB948 6260 87
Making A Purchase Making a purchase could not be easier. Just browse the store product listings, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.
We accept Visa and MasterCard. Payment can be processed through our site using PayPal or you can place your order over the phone.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Shipping And Handling Shipping is generally via UK Mail or direct from the respective manufacturer or Distributor. Our shipping costs are calculated on consignment weight and delivery timescale. Climate Controls and Spares UK Ltd will occasionally re-iterate a delivery timescale given to us from a supplier and subsequently this isn't met. This is the exception rather than the rule & you are deemed to be accepting of this when placing your order. If your delivery timescale is of a crucial nature,
ALWAYS CHECK YOUR CONSIGNMENT FOR DAMAGE BEFORE YOU SIGN FOR IT.
If you sign for a consignment as "received in good condition", we cannot then claim the costs on the carrier's insurance.
Delivery Schedule Your order will be processed immediately. We will normally send your order to you in 1 - 5 business days.
Certain items listed within our web site are not standard stock items and can take longer than the stated delivery time.
Customers will be contacted to confirm the date of delivery. Deliveries are Monday to Friday 8am – 6pm (excluding weekends) - we are unable to give exact delivery times.
All goods must be inspected carefully for any signs of damage, in the event that the product is damaged please ask the driver to take the goods back with them, or sign the delivery document as damaged. If you are unable to inspect the products at the time of delivery, sign the delivery note as “unchecked”
You have 5 working days to notify Climate Controls and Spares UK Ltd of any damage, shortages or incorrect items, if we are not notified of damage, shortages or incorrect items within this time, you agree to indemnify Climate Controls and Spares UK Ltd in full against any losses as a result of your failure to notify us within the specified time period..
Back Orders If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait. Occasionally, a product may be discontinued by our supplier/s and customers are reminded that any & all offers to sell are made strictly subject to availability.
Tax Charges For orders made from the UK or the European Union, 20.0% (or any new prevailing rate) VAT is added.
Credit Card Security When placing your order by phone all credit card transactions are processed in house, by us, and only via a bank Issued HSBC secure credit card merchant terminal. Orders placed directly through our website we use PayPal or Sage Pay for Credit Card Transactions.
For ultimate card security, orders may be taken directly via telephone on 01752 894777.
We will manually process the transaction via our office based card terminal (not a computer), giving absolutely no chance of interception.
Guarantee We try hard to guarantee your satisfaction. In addition to the rights that you have under the distance selling regulations, we offer a minimum of 12 months warranty on all new products unless otherwise stated by the manufacturer. Spare parts that have been fitted (compressors, PCB's, electronic components) cannot be returned unless there is a demonstrable manufacturing defect. All spare parts must be fitted by a qualified air conditioning/refrigeration or heating engineer.
All faulty equipment/products must be returned to Climate Controls and Spares for assessment. The goods are then returned to the manufacturer for testing. If the product is then deemed faulty only then can we issue a credit. This must be done at the buyer's expense. YOU MUST CALL US TO OBTAIN A RETURNS NUMBER BEFORE SENDING THE GOODS BACK.
If we or the manufacturer find a genuine defect, we will replace your equipment or product and return it to you free of charge. If we find no defect, or find a defect due to misuse or other external damage, we will quote you for any relevant repair work or return your equipment to you at your cost.
Daikin Returns Policy When Daikin products are ordered you will be emailed their returns and warranty policy. When placing an order for a Daikin Product you are accepting their procedures and Policies pertaining to their products. Please contact us should have any questions regarding this.
Climate Controls and Spares UK Ltd Returns Policy Products returned to us in a sellable condition will be credited subject to prior agreement and will incur a 25% restock charge. Gas Spares and electrical items cannot be returned for credit.
However, in the event that a product has failed within the warranty period, we will send a replacement which is chargeable at the time of dispatch. Once we have received the faulty item it will be sent to the manufacturer for testing. When we have received a credit from the manufacturer we will then credit your account in full. If there is no fault found then no credit will be issued.
It is the customers’ responsibility to return any such items to us, any consequential costs/losses incurred are the responsibility of the customer.
Manufacturer's Claims & Brochures. Claims made by Manufacturers in their brochures, literature adverts or websites (whether or not these are made available on the climate controls and Spares website) are the claims of the respective manufacturer & not those of Climate Controls and Spares UK Ltd.
Reaching Us If you need to reach us, please email us using the link on the Contact Us page, alternatively, you can call on 01752 894777 (International +44 01752894777) or fax us on 01752 894777 or write to us at Unit 3 Beech Road Business Park, Beech Road, Cadleigh, Ivybridge, Devon PL21 9HN United Kingdom
All of your purchase information is treated as "strictly confidential" and a commercial secret.
a. Take and fulfil customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery purposes
Returns Policy Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Warranties on all hardware goods which are supplied as DIY fit and any component items are of the RETURN TO BASE type. This means that, should an equipment fault develop, the equipment must be returned to Climate Controls and Spares UK Ltd for warranty determination. All costs associated with returning the equipment rest with the buyer.
Refunds cannot be given for Services where they have been correctly carried out i.e. Delivery etc.
Remittance Terms From time to time, credit account terms may be extended to certain customers - generally, customers purchasing on-site services. Where offered, credit is extended for a maximum period of 30 days. We reserve the right to charge your credit/debit card (where we have the details) for any payment shortfall that remains outstanding following this 30 day period. Climate Controls and Spares UK Ltd reserves the right to levy a late payment charge/s at the rate of 8% (monthly, compounded) over Barclays base rate week following any thirty day credit period where bills remain unsettled. Retentions of any kind are expressly forbidden.
Climate Controls and Spares UK Ltd VAT Reg No. GB 948 6260 87
The law now requires that all companies or individuals installing, maintaining or servicing split air conditioners are registered by a DEFRA approved certification body in order to ensure their competency to handle refrigerant gases & equipment. It is an offence for any non registered company or person to install or service air conditioners. Legal Notice: All site elements & photos copyright Climate Controls and Spares UK Ltd it's licensors - No reproduction without written permission. Use of this site is limited solely to those persons or organisations agreeing to the terms & conditions of use. This site is operated & maintained by Climate Controls and Spares UK Ltd.
Climate Controls and Spares UK Ltd Conditions of Sale
1(a) In these Conditions
'Buyer' means the corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods are sold by the company
'Goods' means the goods which the Seller is to supply in accordance with these Conditions
'Seller' means Climate Controls and Spares UK Ltd (Company Registration No: 6847224)
'Conditions' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing
between the Buyer and the Seller
'Contract' means the contract for the purchase and sale of the Goods
'Writing' includes letter, email and facsimile transmission
1(b) 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
1(c) The headings in these Conditions are for convenience only and shall not affect their interpretation
2 Basis of the Sale
2(a) The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is
accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is
accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer
2(b) No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller
2(c) The Seller's employees or agents are not authorised to make any representation concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer
acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed
2(d)Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in
writing by the Seller is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed
2(e) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be
subject to correction without any liability on the part of the Seller.
3 Orders and specification
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any
necessary information relating to the Goods within a reasonable time to enable the Seller to perform the Contract in accordance with its terms.
The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller's quotation or the Buyer's order (if accepted by the Seller).
If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with the specification submitted by the Buyer, the Buyer shall indemnify the Seller
against all losss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement
of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification. The Buyer will
also fully indemnify the Seller in respect of all other loss, damages, costs and expenses incurred by the Seller and arising out of the supply of the Goods.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statuory requirement or, where the Goods
are to be supplied to the Seller's specification, which do not materially affect their quality or performance.
No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement of the Seller and on terms that the Buyer shall indemnify the Seller with a percentage
of the original quoted cost of the goods and with any other charges and expenses incurred by the Seller as a result of cancellation.
4 Price of goods
The price of goods shall be the Seller's quoted price. Where the price quoted is specified as fixed for a certain period of time the price will be as fixed provided delivery takes place within the
period, unless the Buyer has requested a change in delivery date, quantity or specification for the Goods or delay is caused by any instruction of the Buyer or failure of the Buyer to give the Seller
adequate infomation or instructions in which case the Seller may give notice to the Buyer in similar manner to the notice referred to in clause 4(b)
Where the price quoted is not specified as fixed for a certain period of time the Seller may, by giving notice to the Buyer at anytime before delivery increase the price of the Goods to reflect any
increase in the cost to the Seller which is due to any factor beyond the control of the Seller or due to any increase caused by any of the events specified in clause 4(a)
All prices are given by the Seller on an ex-works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller's premises, the Buyer shall be liable to pay the Seller's
charges for transport, packaging and insurance. All packaging will be subject to an additional charge.
The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller and shall be paid without any deductions or withholdings and without any
right of set off and counterclaim.
5 Terms of payment
Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at anytime afer delivery of the
Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods in which event the Seller shall be entitled to invoice the Buyer for the price at
any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods
Provided the Seller shall have offered to and agreed credit facilities with the Buyer, the Buyer shall pay the price of the Goods in accordance with the Seller's terms of payment that are specified
on the Selller's invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. If credit facilities have not been so agreed payment shall
be due upon availability or (where the Goods are to be collected by the Buyer) upon the Seller notifying the Buyer that the goods are ready for collection or where the Seller wrongfully fails to take
delivery of the Goods upon the Seller tendering delivery of the Goods. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon
The Seller reserves the right to terminate any credit facilities upon notice to the Buyer, such notice having immediate efffect where upon any monies owed to the Seller by the Buyer will become
due for payment immediately.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
cancel the contract or suspend any further deliveries to the Buyer
appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding
any purported appropriation by the Buyer) and charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 8 per cent per annum above the Bank of
England base rate from time to time, until payment in full is made.
Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller's premises at anytime ater the Seller has notified the Buyer that the Goods are ready for collection or, if some
other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the
essence unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.
The Seller will not be liable for non-delivery or damage or shortages in the Goods unless:
the Buyer notifies the Seller within three days of receipt of the Goods or in the event of non-delivery within three days of receipt of the invoice and
a claim is made within 20 working days of such receipt and the Seller shall be permitted to inspect the Goods on the Buyer's premises.
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with
these conditions or any claim by the Buyer in respect of any one or more instalment shall not entitle the Buyer to treat the Contract as a whole as repudiated.
If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to the Buyer, the Seller's
liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer's
reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
store the Goods until actual delivery and charge the Buyer for the reasonable costs (including the insurance) of storage, or
after a reasonable period of time, sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the
price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
Goods to be returned from the Buyer to the Seller for any reason, shall be returned only upon authorisation from the Seller.
Goods returned by the Buyer to the Seller without authorisation from the Seller, shall not be accepted onto the Seller's premises. The Seller shall not be responsible for any costs incurred by the
Buyer in this event.
Goods will only be considered (by the Seller) to be accepted for return providing the following conditions are met:
the Goods have been purchased within 28 working days of the Buyer's request to return the Goods
the Goods have (at the Seller's opinion) in no way been used, misused or modified and are in their original packaging and are in an immediately re-saleable condition.
Goods that are specially manufactured or modified from their original condition in accordance with the Buyer's order cannot be returned.
Goods that are classed (at the Seller's opinion) as non-catalogue or specially ordered items cannot be returned
Printed Circuit Board's (PCB's) and other items containing electronic components such as Digital Time Controls, Burner Sequence Controls etc. cannot be returned.
The Seller withholds the right to offer replacement, refund or repair of the Goods subject to the return of the Goods (at the Seller's Discretion) to the Seller's supplier or the manufacturer of the
Goods for inspection and testing where necessary to deem the Goods are defective, or have become defective not as a result of any of the conditions as stated in clause 9(b2)
Any Goods accepted by the Seller will be subject to a handling charge.
8 Risk and property
Risk of damage to or loss of the Goods shall pass to the Buyer.
in the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
in the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has
tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title in the Goods shall not pass to the Buyer until the Seller has received in cash or
cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
Until such time as the title in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer
and third parties and properly stored, protected and insured and identified as the Seller's property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its
business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible. Including insurance proceeds, and shall keep all such proceeds
separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, property stored, protected and insured.
deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all
monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
9 Warranties and liability
The Seller warrants that the Goods will be free from defects in materials and workmanship for a period of twelve months from delivery and will correspond with their specification at the time of
delivery. If within twelve months from the date of delivery the Buyer shall notify the Seller in writing that a defect exists in the Goods and shall return the defective part at their own expense to the
Seller and if the Seller is satisfied that such defect arose solely from faulty materials or workmanship of the Seller (or its suppliers in the case of Goods not manufactured by the Seller) the Seller
will at its option replace, refund or repair the defective part. The Buyer will not be responsible for the cost of replaced items but will be responsible for the cost of labour where an item is repaired.
The above warranty is given by the Seller subject to the following conditions:
the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions (including but not limited to hiring out the Goods
to third parties), failure to follow the Seller's instructions (whether oral or in writing), incorrect application, misuse, alteration or repair of the Goods without the Seller's approval. (In certain
instances it will be necessary for the Seller to return the Goods to the Seller's supplier to verify that the Goods have not become defective due to any of the aforementioned reasons).
the Seller shall be under no liability under the above warranty (or any warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all
warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restriction on Statement Order 1976)) the statutory rights of the Buyer are not affected by
Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer 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 consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims
for consequential compensation whatsoever (and whether caused by the negligence of the Seller, it's employees or agents or otherwise) which arise out of or in connection with the supply of the
Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of the Seller's obligations in relation to
the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes
beyond the Seller's reasonable control:
Act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);
difficulties in obtaining raw materials, labour, fuel, parts or machinery;
power failure or breakdown in machinery;
10 Insolvency of Buyer
This clause applies if:
the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into
liquidations (otherwise than for the purpose of amalgamation or reconstruction), or
an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
the Buyer ceases, or threatens to cease, to carry on business; or
the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the
Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwitstanding any previous agreement or
arrangement to the contrary. In the event of non-payment to the Seller by the Buyer the Seller shall be entitled to recover the Goods under the provisions of the retention of title clause (Section 8)
Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that 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.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of
the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of England & Wales and the parties submit to the jurisdiction of the English courts.