Terms & Conditions
1. Our Contract
1.1 These Terms and Conditions govern the supply of goods sold by Autokool Ltd Ballard's Business Park, Old London Road, Markham Moor, Retford, Notts, DN22 0TE ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.
1.2 All orders placed are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for delivery and insurance as set out.
2.2 We reserve the right to change the price of commodity goods, due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
2.3 On occasion, the prices payable of goods advertised on our web site may differ from those prices offered in the then current catalogue or from our trade counter, and we are under no obligation to honour any web site price if there is such a difference.
2.4 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.
2.5 Subject to clause 2.6, we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
2.6 If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the rate of 3 per cent over Lloyds TSB's then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs.
3. Delivery & Title
3.1 Unless you order and collect the goods from our trade counter, we will deliver them in accordance with your order. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
3.2 Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
5. Cancellation & Returns
5.1 You may cancel your order by giving us notice of cancellation within 7 days from the next working day from delivery to you or collection from our trade counter. Such notice may be given by phone, mail, fax or email or in person at our trade counter. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
5.2 On cancellation for whatever reason, you must return the goods to us at your cost.
5.3 Goods must be returned within 30 days of original invoice date.
5.4 After the cancellation period & on none faulty goods, refunds will be issued at ‘our’ discretion & depending on the circumstances. A restocking/handling fee of 20% may be applicable.
5.5 W e will not be held responsible for incorrectly ordered parts.
5.6 Refunds will be issued minus original postage cost.
5.7 All returns must be accompanied with relevant paperwork, i.e. an invoice, e mail or letter & a returns number issued by us. Items without this information will result in refunds being delayed.
5.8 Goods specially ordered or made to customer specification & requirements WILL NOT be eligible for return.
6.1 If you have notified us of a problem with the goods within 14 days of delivery, we will (subject to clause 4) replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2 We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
6.3 This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
6.4 Goods are intended for use in the UK and we make no warranties that the goods are suitable for use outside the UK , or comply with any laws, regulations or standards of any jurisdiction outside the UK .
7.1 All parts come with standard 12 months warranty, Compressor warranty subject to drier, valve & system flush, failure to do so WILL invalidate warranty. All Compressors must be checked for correct oil charge before installation.
7.2 All Mastercool Tools come with the manufactures standard warranty & all warranty claims are to be dealt with Mastercool direct. (Details available on request)
7.3 All parts are subject to inspection on return.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
9. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).