Residential terms and conditions
Disclaimer: You must read these terms and conditions.
Please read these terms and conditions carefully, as they set out the legal rights and obligations in relation to the goods and services provided by MAAC Heating & Cooling Ltd. By accepting the Quotation and paying the appropriate deposits, you will have deemed acceptance of all the terms and conditions listed below.
1. Interpretation
- Customer means an individual acting for purposes which are wholly or mainly outsider their trade, business, craft or profession or you;
- Contract means the legally binding agreement between you and us for the supply of the Goods and Services for business use only;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Quotation;
- Goods means any Goods that we supply to you with the Services, of the number and description as set out in the Quotation;
- MAAC Heating & Cooling Ltd means the Supplier or us or we or our.
- Order means the Customer’s request for the Goods and / or Services from the Supplier as set out in the Customer’s Quotation;
- Services means the Services, including any Goods, of the number and description set out in the Quotation.
2. General
a. These terms and conditions shall be incorporated into all contracts between MAAC Heating & Cooling Ltd and the Customer for the supply of Services to the Customer.
b. These terms and conditions supersede any earlier condition appearing in MAAC Heating and Cooling Ltd’s literature or elsewhere.
c. Any terms and conditions stipulated, incorporated or referred to by the Customer whether in its Order or in any negotiations or otherwise, are hereby excluded and in any event these terms and conditions shall prevail over the Customer’s terms and conditions.
d. The Customer shall not without prior written consent of us assign, transfer or sub-let the benefit or burden of the Contract or any part thereof.
e. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to the wholly or part illegal, invalid or unenforceable it shall to the extent of such illegality, invalidity or unenforceability be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect.
f. The Contract is not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of the Third Parties) Act 1999 or otherwise, and no third party shall have any right to enforce any of the provisions of the Contract.
g. No delay by either party in enforcing any of the provisions of the Contract shall be deemed a waiver of that party’s right subsequently to enforce such provision.
3. Quotations and Formation of Contract
a. A Quotation provided by MAAC Heating & Cooling Ltd will be valid and capable of acceptance by the Customer for 30 days upon receipt of the Quotation.
b. Any Quotation submitted by MAAC Heating & Cooling Ltd does not constitute an offer capable of binding the Supplier.
c. No contract shall come into effect until we have received satisfactory credit references in respect of the Customer for the Contract and until we have issued a formal acknowledgement of the Customer’s Order or other acceptance of our Quotation(s).
d. Any Services to be provided under the Quotation must be booked within 2 months upon the Customer receiving a formal acknowledgement from MAAC Heating & Cooling Ltd of the Customer’s Order. If the Customer fails to book the Services within 2 months of receiving formal acceptance from MAAC Heating & Cooling Ltd then the Quotation will be invalid and a new Quotation shall be provided by us.
e. MAAC Heating & Cooling Ltd reserve the right to withdraw the Quotation for any reason prior to the Customer receiving formal acknowledgement that we accept the Customer’s Order.
4. Third Party’s and Manufacturers’ Catalogues
a. Particulars of dimensions, capacities, performance ratings, specifications, drawings and other data included in third party’s or manufacturers’ catalogues, price lists or other documents supplied by MAAC Heating & Cooling Ltd constitute only an approximate guide and shall not be binding upon MAAC Heating & Cooling Ltd.
5. Variations
a. MAAC Heating & Cooling Ltd shall not be bound by any variations, waiver or additions to the Contract unless such are agreed in writing by both the Supplier and the Customer.
b. Any variations, waiver or additions to the Contract will be detailed by MAAC Heating & Cooling Ltd by provision of a variation of Quotation to the Customer. The variation of Quotation will detail any extra works that need to be completed and the additional cost.
c. The variation of Quotation will need to be agreed in writing with the Customer before any variation, waive or addition will be carried out by MAAC Heating & Cooling Ltd.
d. Once a variation of Quotation is agreed in writing by the Supplier and Customer, this will form part of the Contract.
6. Provision of Goods and Delivery
a. Goods shall be provided as expressly stated in the Quotation / Contract of which will be expressly agreed with the Customer.
b. Any Goods that are Ordered by MAAC Heating & Cooling Ltd on behalf of the Customer as fulfilment of the Contract and the Customer subsequently changes their mind on the Goods, MAAC Heating & Cooling Ltd reserves the right to charge a restocking fee to return and / or re-Order the Goods as expressly requested by the Customer.
c. MAAC Heating & Cooling Ltd will deliver or arrange delivery of the Good to the Customer or to the Customer’s agent at the place specified in the Quotation / Contract for deliveries or, if no place has been specified, at such place as may be agreed in writing.
d. MAAC Heating & Cooling Ltd shall use its reasonable endeavours to deliver or arrange delivery of the Goods on the dates specified by the Customer or within a reasonable time thereof provided always that the time for delivery shall not be of the essence of the Contract.
e. MAAC Heating & Cooling Ltd shall not be liable for any loss or damage whatsoever arising directly or indirectly from any failure to effect delivery within such periods. The Customer shall accept deliveries of Goods by instalments.
f. The Customer shall be responsible for storage of any Goods that are delivered to any specified site as agreed with the Customer. If any damage is caused to Goods once in the Customer’s possession, then the Customer will be liable for any costs associated with replacing the Goods or repairing the Goods.
g. Delivery of any Goods under the Contract to the Customer shall not affect transfer of ownership. Goods will remain the ownership of MAAC Heating & Cooling Ltd until the Customer has provided full payment under the Contract.
7. Services or work on site
a. The customer shall provide adequate access to the relevant premises or site and ensure at all times that the working environment is conducive to the health and safety of MAAC Heating & Cooling Ltd’s employees, agents and subcontractors.
b. When MAAC Heating & Cooling arrives the Customer, or someone on behalf of the Customer, needs to be present at all times. They must be 18 years or over. If at any point during the carrying out of Services under the Contract a person under the age of 18 years old is left unattended without the Customer or someone on behalf of the Customer present, MAAC Heating & Cooling reserves the right to leave the relevant premises or site and will only return upon the return of a person over the age of 18 which shall either be the Customer or someone acting on the Customer’s behalf to the relevant premises or site.
c. The Customer shall indemnify MAAC Heating & Cooling Ltd against all costs, claims, liabilities, and expenses incurred by MAAC Heating & Cooling Ltd arising from or in connection with any personal injury to or death of any of its employees, agents or subcontractors which is occasioned directly or indirectly by any act or omission (whether negligent or not) on the part of the Customer, its agents or employees.
d. MAAC Heating & Cooling Ltd shall have the right to refuse to perform any Services which would bring our employees, agents or subcontractors into contact with any hazardous substance where we were not previously informed of such hazardous substance by the Customer or where such hazardous substance was not reasonably apparent from any inspection that we undertook of the relevant site prior to us giving any Quotation for the supply of the Goods and / or Services. We reserve the right to either terminate the Contract or refuse return to the premises until the hazard identified has been rectified.
e. If MAAC Heating & Cooling Ltd refuses to perform any Services due to hazards caused by the Customer, or due to hazards that were not previously known to us, then we are entitled to terminate the Contract at our discretion.
f. The Customer is required to ensure that all furniture, possessions or otherwise are either covered by a protective sheet or relocated to a different area prior to the Services commencing under the Contract. If the Customer fails to protect or relocate any furniture, possessions or otherwise prior to the Services performed under the Contract, and damage is caused to such during performance of the Services by MAAC Heating & Cooling Ltd, we will not be liable for any costs associated with making good the damage as it is the Customer’s responsibility to ensure any furniture, possessions or otherwise are protected or relocated.
g. If we terminate the Contract under clause 7, at MAAC Heating & Cooling Ltd’s discretion, the Contract price as set out in the Quotation will become payable.
h. While carrying out the Services, MAAC Heating & Cooling Ltd accepts no responsibility for loss or damage caused to the Customers property due to the Customer leaving the property unsecured to allow MAAC Heating & Cooling Ltd to carry out the work in their absence.
i. The Customer commits to granting sufficient and reasonable access to the relevant premises or site throughout the period of the Contract.
j. Any defects in works which result from MAAC Heating & Cooling Ltd’s faulty workmanship or materials must be put in writing to MAAC Heating & Cooling Ltd within 6 months or completion of the works, for which MAAC Heating & Cooling Ltd will remedy without charge.
k. The above warranty shall not extend to, nor will MAAC Heating & Cooling Ltd be liable for any defects arising from the Customers own actions or lack of care, including without limitation, deliberate damage, removal or other abuse or damage caused by the Customer.
8. Payment
a. The price of the Goods and / or Services shall be set out in the Contract and / or Quotation.
b. Appropriate deposits shall be payable where expressly agreed between the parties.
c. All prices stated in the Contract and / or Quotation are exclusive of VAT and all other applicable taxes and duties, which will be payable in addition to the Contract price at the rate in force at the date of any invoice submitted by us.
d. MAAC Heating & Cooling Ltd may require payments to be made in instalments on the basis of a percentage of the total Contract price or as otherwise agreed in writing with the Customer.
e. Payments shall become due to us on the date of invoice. Each invoice shall set out an amount that MAAC Cooling & Heating Ltd considers to be due and the basis upon which that amount has been calculated.
f. Invoices provided by MAAC Heating & Cooling Ltd shall be payable in full, unless otherwise expressly stated, with the payment terms agreed on the Quotation.
g. We reserve the right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1988 and it is agreed that the rights provided under the said Act shall apply after any judgement or binding determination as well as before.
i. Interest payable by the Customer on any unpaid invoice shall accumulate per day the invoice remains unpaid.
h. If for any reason any payment of an amount due is not made by the final date for payment, MAAC Heating & Cooling Ltd shall be entitled to:
i. be paid on an indemnity basis for any costs it incurs in recovering money due under the Contract (and the costs of recovering such costs) including its administrative costs and any costs incurred with solicitors or debt collection agencies – in calculating administrative costs credit will be given for compensation payable in accordance with the Late Payment of Commercial (Interest) Act 1988 – and / or;
ii. notwithstanding any previous agreed credit periods, be paid on all invoices already delivered to the Customer whether or not the final date for payment in each case has been reached and / or;
iii. be paid a reasonable proportion in respect of Works and / or Services undertaken but not yet due and as if such amounts were already due.
i. In the event of the Customer being in default of payment of any amount due to us under the Contract then on giving the Customer 7 days’ notice in writing specifying the grounds for so doing, we may suspend performance of any or all of its obligations under the Contract.
j. MAAC Heating & Cooling Ltd shall resume obligations under the Contract within a reasonable time after receipt of any outstanding payment.
k. Any suspension arising under clause 7(h) and 7(i) shall entitle us to payment of its reasonable costs and expenses incurred as a result and the period of suspension shall be disregarded in computing any agreed date for completion of the Works and / or Services and MAAC Heating & Cooling Ltd shall not otherwise be liable to the Customer in regard to such suspension.
l. If for any reason the Goods and / or Services are cancelled by the Customer within 72 hours of the Contract start date, or if the Customer is not at the project address on the date confirmed, a cancellation, re-stocking and / or call out charge may be charged.
9. Retention of Title
a. Until MAAC Heating & Cooling Ltd has been paid in full for any Goods and / or Services supplied under the Contract, the Customer holds the Goods in a fiduciary capacity as bailee of us.
b. Title to the Goods shall remain with MAAC Heating & Cooling Ltd and the Customer shall store the Goods in such a manner that they are clearly identifiable as the property of MAAC Heating & Cooling Ltd.
c. We reserve the right to dispose of the Goods and may retake possession thereof at any time for that purpose and may by its servants or agents enter upon any land or premises owned or occupied by the Customer or any subsequent purchaser of the Goods from the Customer and in addition the Customer shall include in any contract with a sub-purchaser a licence in favour of MAAC Cooling & Heating Ltd covering the right of entering covered in the sub-clause.
d. If the Customer incorporates or allows the incorporation of the Goods into other goods or products in any way, legal and beneficial title to those other goods, both during the process of incorporation and thereafter shall very forthwith in MAAC Heating & Cooling Ltd and the Customer shall hold them in fiduciary capacity as bailee for us.
i. If MAAC Heating & Cooling Ltd so requires the Customer shall observe the conditions regarding storage in clause 9(a) hereof as if such other goods were the Goods originally supplied.
ii. MAAC Heating & Cooling Ltd reserves the right to dispose of the Goods and may retake possession thereof at any time for that purpose and may by its servants.
iii. The parties agree that incorporation of the Goods into other goods or products in any way is not intended to extinguish MAAC Heating & Cooling Ltd’s title to the Goods.
iv. Without prejudice to the above sub-clauses the Customer shall (subject to notice from us to the contrary or in case of the events referred to below) have the power to sell the Goods in the normal course of its business on behalf of MAAC Heating & Cooling Ltd.
e. The Customer shall include within its contract with a sub-purchaser provisions which cover MAAC Heating & Cooling Ltd’s rights under this clause 9.
f. The Customer shall notify any subsequent purchaser of the Goods that the title to the Goods remains with MAAC Heating & Cooling Ltd until the customer has made payment in full to us for the Goods.
g. Any monies received by the Customer from any subsequent purchaser shall be held separately from any monies of the Customer or any other party on behalf of MAAC Heating & Cooling Ltd and the Customer has a fiduciary duty to account for such monies to the extent of its indebtedness and to this extent is to pay MAAC Cooling & Heating Ltd any sums received in respect of the Goods.
h. Notwithstanding the foregoing, risk in the Goods shall pass to the Customer upon the terms of the sub-clauses below.
i. On receipt of notice from MAAC Heating & Cooling Ltd or on the happening of any of the events set out under clause 9(j) below, all Goods shall be immediately delivered to us and / or us acting by its servants or agents shall have the right without notice during normal business hours to enter upon the land or buildings of the Customer or any subsequent purchaser of the Customer to take possession of the Goods.
j. The events hereinbefore referred to are:
i. Any notice to the Customer that a receiver or manager of all or any part of the Customer’s assets is to be or has been appointed.
ii. Any notice to the Customer that a petition to wind up the Customer is to be or has been presented or any notice of a resolution to wind up the Customer (save for the purpose of reconstruction or amalgamation) has been given or such a resolution has been passed
iii. A decision by the Customer that the Customer intends to make an arrangement with its creditors.
iv. The Customer is unable to pay its debts as defined in Section 123 of the Insolvency Act 1986.
v. The Customer ceases to or threatens to cease to carry on its business.
10. Responsibility
a. The Goods shall be the Customer’s responsibility from the time that they are delivered to the Customer in accordance with the Contract. The Customer shall insure the Goods for the full Contract price against loss or damage arising from any cause whatsoever.
b. If requested by us, the Customer shall execute an assignment in favour of MAAC Heating & Cooling Ltd of all rights of the Customer to claim against the insurers in respect of the Goods covered by such insurance and shall join us in notifying such insurers of our interest in any policy affected hereunder. Such insurance (with insurers to be approved by us) shall be effected by the Customer to cover the period from the time when the risk in the Goods passes to the Customer as provided above to the time when the property in the Goods passes to the Customer and our interest as a vendor of the Goods shall be notified by the Customer to the insurers.
c. MAAC Heating & Cooling Ltd cannot be held liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from MAAC Heating & Cooling Ltds failure or delay to perform any of its obligations as a result of Customer default.
d. The Customer shall reimburse MAAC Heating & Cooling Ltd on written demand for any costs or losses sustained or incurred by MAAC Heating & Cooling Ltd arising directly or indirectly from Customer default.
11. Claims in transit
a. MAAC Cooling & Heating Ltd will not accept any responsibility whatsoever for loss, damage, discrepancy or shortfall to the Goods in transit if carried by a carrier nominated or requested by the Customer or by a carrier who is the servant or agent of the Customer. Claims shall be made immediately by the Customer to the carrier.
b. Save as provided above, MAAC Cooling & Heating Ltd will repair, or at its option, replace free of charge, any part of the Goods lost or damaged in transit provided that MAAC Cooling & Heating Ltd and the carrier are given notice of such loss or damage within the time required by the carrier’s conditions of carriage or, where deliveries are made by Cooling & Heating Ltd’s own transport, within three days of receipt of the Goods or of the day upon which the Goods should have arrived had they not been lost and provided that any damaged Goods or part thereof are returned carriage paid by the Customer to MAAC Cooling & Heating Ltd.
12. Acceptance Procedure
a. Goods shall be deemed to have been accepted by the Customer on delivery unless the Customer shall notify MAAC Cooling & Heating Ltd in writing of non-acceptance of the Goods within three days of delivery.
b. Where the Contract is for the sale and installation of a complete system incorporating Goods, MAAC Cooling & Heating Ltd shall, unless otherwise agreed, be responsible for the installation, testing and commissioning of the system.
c. Completion of the installation, testing and commissioning and acceptance of a system by the Customer (which the Customer shall not be entitled unreasonably to refuse) shall be evidenced by the signature of a certificate of hand-over by an authorised representative of MAAC Cooling & Heating Ltd and by the Customer or its representative.
13. Force Majeure
a. MAAC Heating & Cooling Ltd shall not be liable in any manner whatsoever for any breach of contract or delay in performance of its obligations insofar as such breach or delay arises by reason of circumstance beyond its reasonable control including, without limitation, government actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 60 days, the Customer shall be entitled to give notice in writing to us to terminate Contract.
14. Warranties and Liability
a. MAAC Heating & Cooling Ltd warrant that the Goods supplied by it to the Customer under the Contract will be of satisfactory quality and reasonably fit for any purpose made known to us in writing at the time of the Customer’s Order or agreement and that it will carry out the Services with reasonable skill and care. Subject as aforesaid, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
b. Nothing in these Conditions shall limit or exclude our liability for:
i. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
ii. Fraud or fraudulent misrepresentation;
iii. Breach of the terms implied by section 12 of the Sales of Goods Act 1979;
iv. Defective products under the Consumer Protection Act 1987; or
v. Any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability; subject to which if MAAC Heating & Cooling Ltd is found to be in breach of the Contract its liability shall be limited to the cost of repair or replacement of the Goods provided or the re-performance of the services provided.
c. MAAC Heating & Cooling Ltd shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any expenses, damage, delay, costs, compensation (whether direct or consequential) or any indirect or consequential loss arising under or in connection with the Contract.
d. MAAC Heating & Cooling Ltd’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods or Services under the Contract.
e. Investigation work is not covered under warranty. Depending on the warranty terms, as agreed at the time of accepting the quotation, only parts and/or labour to replace any faulty parts is covered. Annual maintenance must be completed throughout the warranty period to ensure it’s still valid.
15. Dispute Resolution
a. English law shall apply to the Contract.
b. Subject to either party’s right to adjudicate at any time, the parties shall use their reasonable endeavours to resolve any dispute or difference between them through negotiation or mediation. Either party may refer a dispute arising under the Contract to adjudication at any time under Part I of the Scheme for Construction Contracts (England and Wales) Regulations, which Part shall take effect as if it was incorporated into this clause. The adjudicator shall be nominated by the Royal Institute of Chartered Surveyors.
c. The parties irrevocably agree that all courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
16. Cancellations and Termination
a. If the Customer fails to comply with any of the terms of the Contract, whether a condition or warranty express or implied, or if any of the events set out in clause 9(j) occurs or if MAAC Heating & Cooling Ltd reasonably believe that they might occur and notifies the Customer accordingly, then, without limiting any other right or remedy, we may suspend or terminate all further obligations under the Contract or under any other contract between the Customer and us without incurring any liability to the Customer, and all outstanding sums shall become immediately due and we may apply the rights under clause 8. In such an event we will be discharged from further performance of the Contract (subject to the end of any period of suspension as applicable following the rectification of the terms of the Contract to our reasonable satisfaction) and the Customer shall forthwith upon demand pay to us all costs and expenses and overheads incurred in connection with the Contract together with any loss or profit and all sums due to us hereunder.
b. MAAC Heating & Cooling Ltd will not tolerate any abuse or threatening behaviour to our employees, agents or sub-contractors. If this occurs MAAC Heating & Cooling Ltd retain the right to terminate any provision of Services and / or Goods, with no refund payable for any relevant deposit or monies that have been paid.
c. All cancellations made by the Customer must be made by contacting MAAC Heating & Cooling Ltd in writing, whether that be my post or email.
d. The Customer has the right to cancel a new contract (in writing or by email) that has a value of over £50 within 14 days of the date that the Contract was made only if that Contract is classed by Government Regulations as being an "off premises sale".
e. Cancellations made by the Customer within more than 28 days of the date Services and / or Goods are to be provided will result in a full refund of any relevant deposits paid.
f. Cancellations made by the Customer within 28 days or less of the date Services and / or Goods are to be provided will result in no refund to the Customer of any relevant deposits paid. This right will be exercised at MAAC Heating & Cooling Ltd’s discretion.
g. Without limiting its other rights or remedies MAAC Heating & Cooling Ltd may terminate the Contract by giving the Customer not less than 2 weeks written notice from when the Goods and intended to be delivered.
h. Without limiting its other rights or remedies each party may terminate the Contract with immediate effect by giving written notice to the other party if:
i. The other party commits a material breach of its obligations under the Contract and (if such breach is irremediable) fails to remedy that breach within 10 business days after receipt of notice in writing to do so.
ii. The other party suspends or threatens to suspend payments of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts.
i. Without limiting its other rights and remedies, MAAC Heating & Cooling Ltd may terminate the Contract with immediate effect by giving written notice to the Customer, if the Customer fails to pay any amounts due under this Contract on the due date for payment.
j. On termination of the Contract for any reason:
i. The Customer shall immediately pay to MAAC Heating & Cooling Ltd all of MAAC Heating & Cooling Ltds outstanding unpaid invoices and interest and in respect of Services supplied, but for which no invoice has yet been submitted, the supplier shall submit an invoice which shall be payable by the Customer immediately on receipt
k. The Customer shall return all of MAAC Heating & Cooling Ltds materials and any goods which have not been fully paid for. If the Customer fails to do so, then MAAC Heating & Cooling Ltd may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safekeeping and will not use them for any purpose not connected with this Contract.
l. MAAC Heating & Cooling Ltd may terminate the Contract at any time during the progress of the works, but this will be done in writing to the Customer with reasons as to why the works cannot be completed.
17. Complaints:
a. It may be necessary to instruct Solicitors and/or Legal Representatives to recover any outstanding sum from the Customer. If this becomes necessary, then the Customer will be liable to pay MAAC Heating & Cooling Ltd legal fees and disbursements in full.
b. If the Customer has a complaint, then they should put the complaint in writing to MAAC Heating & Cooling Ltd who will try to resolve the matter amicably. We will take all endeavours to reach an agreement, fair to both parties.
