Terms and Conditions

1. GENERAL

The following terms and conditions shall apply to all contracts for sale concluded by ICS Cool Energy Limited ("ICS") and shall not be varied by any conditions of purchase of the customer ("the Customer") or otherwise unless expressly agreed in writing by ICS, ("the Company").

2. DELIVERY

2.1 ICS will endeavor to supply goods on or before the delivery date but time of delivery shall not be of the essence of the contract.

2.2 Unless otherwise agreed in writing delivery must be made to the address of the customer paying for the goods.

2.3 Failure by the Customer to collect goods 14 days after notification they are ready for collection will give ICS the right either to store the goods and charge for storage or to sell the goods at the best possible price and to recover from the customer the contract price less the proceeds of sale.

2.4 ICS is not liable for delays in delivery or non-delivery owing to government direction, quota, and embargo.

2.5 The customer will be charged for the cost of delivery to their premises, unless otherwise agreed.

2.6 Where delivery is specified over two or more shipments each payment installment will be due within the agreed payment period following receipt of goods.

2.7 All deliveries must be signed for.

2.8 Most products are delivered either by courier or post depending on their size, value or your special requirements. Some products may be delivered by our own delivery service or by the manufacturer. Different products on the same order may be delivered separately.

2.9 Delivery times are calculated in working days. Postal and courier deliveries should arrive within 1-3 working days of placing your order. We do organise special deliveries (timed deliveries or weekend deliveries) at your request.

2.10 For orders placed after 3pm next day / special delivery is at the discretion of ICS.

3.       PASSING OF TITLE

3.1 Ownership of goods will remain with ICS until all sums of money due to ICS under the contract have been paid.

3.2  Until the Customer has paid all money due he will keep the goods on a fiduciary basis, store them separately from his other goods, attach them to an identification mark so they can be recognised and will not process them, amend them or merge them with other goods, but keep them whole and intact.

3.3 The Customer may sell and deliver the goods to a third party in the normal course of business until otherwise directed by ICS or until the happening of any of the events in Clause 3.6 below but the proceeds of any such sale shall be ICS' and shall be held by the Customer in a separate account in trust for ICS until all monies are paid.

3.4  At any time before payment of monies which are overdue, ICS shall have the right after giving notice to retake possession of the goods and for such purpose shall have the right to enter the Customer's premises.

3.5 On receipt of a Notice from ICS or on the happening of any events in Clause 3.6 below the Customer's authority to sell the goods shall be withdrawn and all goods the property of ICS shall be immediately delivered to the Company by the customer.

3.6 The events referred to in Clause 3.3 and 3.5 are:-

(i) Appointment of a Receiver, Manager or Administrator or a CVA in relation to the Customer or notice of same
(ii) Arrangements by the Customer with his creditors
(iii) Customer ceasing trading
(iv) Petition or Resolution for winding up of the Customer or notice of same
(v) Act of bankruptcy by the Customer
(vi) If the Customer is insolvent

3.7 Sale of goods to an end user is not permitted in any event until the goods are paid for.

4. RISK

Risk in the goods shall pass to the Customer on delivery at which time the Customer will insure in the full reinstatement value and produce evidence of any end insurance relating to the goods belonging to the Company as trustee for the Company and in a separate account.

5. RETURNS POLICY

1.1 ICS is deemed to have no knowledge of the particular purpose or market for which the goods are required unless the contract so specifies. The customer is deemed to have purchased the goods relying on his own knowledge and expertise after making due enquiry.

1.2 Goods will only be accepted for a credit refund for a period of 7days after sale to the end user. After that time we reserve the right to either repair or replace at our discretion. Non-faulty goods will not usually be refunded after this period. In the event that a refund is agreed, it will be less a30% re-stocking fee, plus any other reasonable costs incurred by us to the date of the refund.

1.3 On trade sales ICS will accept returns with in a period of 7 days for a credit refund or replacement. If the goods are undamaged, customers will incur a 30% restocking credit charge, should a credit refund be requested. Thereafter ICS will deal only with warranty claims and repairs.

1.4 On retailer sales no return and money back will apply and the customer will only been titled to replacement products in the event of damaged goods.

1.5 For the Hire Trade our warranty policy is a buy out guarantee of 2% discount from net price. Once the product is put on hire or rent the warranty is nil and void.

1.6 ICS gives the customer a 12 month parts and labour warranty on new products and 3 month on ex-rental products.

1.7 Please contact ICS prior to returning your product to obtain a returns number. Your product cannot be accepted without this number.

E-mail: info@industrialcooling.co.uk
Tel: + 44 01425-625900
Fax: + 44 01425-639041

6. QUANTITY

The Customer shall not be entitled to cancel the order or claim damages provided the total delivery is not less than 80% of the agreed quantity and shall pay pro rata for the quantity so delivered.

7. PRICE

7.1  In respect of the goods manufactured outside the UK the Customer shall pay for any increase in price due to a change in exchange rates or the cost of shipping and insurance between contract and delivery.

7.2 Where applicable value added tax or such other applicable sales tax will be added to the price at the tax point date.

7.3 All prices quoted are the price ex ICS premises.  Delivery charges shall be as per the rates detailed at the point of sale.  Delivery prices will be in corporated within the costs of the goods unless the Customer requires an express / next day delivery, where an additional charge will apply as detailed.

8. DAMAGE AND PILFERAGE

8.1 If on receipt by the Customer, packages, crates or goods are found to be damaged or parts missing the delivery note or receipt to carrier must be endorsed with full description of condition and claims must be notified to ICS within 3 days of delivery.

8.2 No claim will be considered after goods have been cut up, treated, resold, shipped, processed, installed or merged with other goods.

8.3 The Customer has a responsibility to inspect the goods thoroughly on delivery.

8.4 Damage or pilfered goods must be returned in no worse condition than the condition on delivery.

8.5 Where the Customer signs for goods this will be deemed to be delivery of goods undamaged and with no pilferage unless the Customer specifies otherwise.

9. CANCELLATION BY CUSTOMER

9.1 Cancellation will not be allowed in respect of an order tailor made to the Customers specification.

9.2 In other circumstances cancellation will be permitted at ICS' discretion.

9.3 Where cancellation is permitted cancellation and redelivery by the Customer must be within 2 days of delivery provided the customer pays ICS a sum equal to 30% of total cost of goods cancelled together with VAT on such sum being are-stocking charge.

9.4 Goods cancelled must be re delivered in perfect condition with all original packaging and warranty details, instructions etc, intact together with invoice number and date and reason for cancellation.

10. OVERDUE PAYMENT BY CUSTOMER

10.1 Payment shall be made in full within 30 days of delivery unless otherwise agreed in writing prior to contract.

10.2 Default in payment of any monies due shall entitle ICS to suspend or cancel any undelivered portion of any order preserving all other rights.

10.3 On overdue accounts interest will be charged at 5% above clearing bank base rate from due date to date of payment.

10.4 Time is of the essence for payment.

10.5 ICS may exercise a lien over other goods belonging to the customer where monies are due from the customer.

11. CONSEQUENTIAL LOSS

Not withstanding Clause 5 above, ICS shall not be liable to the customer for any loss, injury or damage direct, incidental or consequential arising out of or caused by goods supplied by the Company.

12. AUTHORITY

No person other than the duly authorized officers of ICS has authority to bind ICS or to make a contract.

13. FORCE MAJEURE

ICS shall not be liable for any breach of this contract arising out of or in consequence of Fire, Storm, Impact, Explosion, Flood, War, Riot, Civil Commotion, Government Action or Direction, Strike, Lockout or Industrial Action or unforeseen circumstances affecting ICS' ability to carry on its business.

DURISDICTION

In the event of dispute English Law shall apply and the parties shall submit to the jurisdiction of the English Civil Courts.

INFORMATION ABOUT PURCHASES

MAKING A PURCHASE

Making a purchase could not be easier. Just browse our Product List and click on any items that you wish to buy and put them into the Shopping Basket. After you have finished your selection, click on checkout button and you will be asked for a few details that we need to be able to satisfy the order. We accept both credit / debit card payment methods. We accept most credit and debit cards including Visa, Master Card, Access, Switch and Delta.

We do not sell to EU countries at this online shop but we are happy to sell offline. Please feel free to contact us for a quote. You can select the delivery quote button on the checkout form and request information. For large orders please contact us to get the best deal.

CARD PROCESSING AND SECURITY ISSUES

ICS Cool Energy Ltd. Will process any credit / debit card transaction at the point of sale, prior to shipping. All cards details are stored encrypted in the software when the order is placed using powerful 128-bit RSA algorithm. Your cards details are temporary stored on an extremely secure server. Sensitive data are only temporary decrypted after they reach our systems. They are not held in clear text on any website or local computer. Any information, which you provide us, is stored in the event that you may return again to make another purchase. This is done purely for the convenience of our customers. We know of no documented cases of credit card fraud using our shopping system over the Internet.

ORDER CANCELLATION CHARGES

We reserve the right to make a charge equal to 30% including VAT, of the total cost of the goods if an order is cancelled once the goods have been dispatched for re-stocking the goods.

SHIPPING AND HANDLING

For all on-line purchases we apply a nominal charge approximately equal to £1 UK Sterling per kilo, with a minimum charge of £20 and a maximum charge of £100 for all goods dispatched to UK mainland destinations. For deliveries and charges outside the UK mainland please enquire before ordering. We will contact you and an appropriate shipping fee will be added to your order total unless you make your own shipping arrangements. Also your non-UK delivery quote will be discounted with the actual price of UK delivery for the items selected in your shopping cart. We will deliver to the card holders address unless otherwise instructed in the checkout form. You may be contacted and asked to provide copies of utility bills and or ID documents in order to prevent fraudulent use of credit cards.

As a new customer we will ship to a secondary address only if you can prove your link with the primary address. All deliveries will be during normal working hours. Special deliveries can be arranged at extra-cost on request.

We will endeavor to acknowledge all orders by email fax or telephone.

TAX CHARGES

VAT (Value Added Tax) will be applied to all orders processed online except for orders from non-UK EU businesses giving their VAT registration numbers, delivered within EU but outside the UK.

VAT is not charged for non-EU orders.

GUARANTEE

We guarantee your satisfaction. All of our products come with 12 month limited warranty and in the case of some equipment, three years. This warranty is offered in addition to your statutory rights.

DISCLAIMER

The customer is:

1. Responsible for all transactions used with his/her Credit Card and for prevention of fraudulent use of his/her credit card has to make every effort to report any damage to the goods at the time of delivery. If you believe the goods are damaged please do not accept delivery or alternatively make a note on the delivery form.

2. Responsible to follow the manufacturers instructions on any goods that require assembly and to follow the manufacturers operating and installation instructions

3. Responsible to always follow safety instructions when using and moving electrical appliances and is advised to keep all mechanical or electrical equipment away from children

4. Responsible for all re-stocking charges if goods are incorrectly ordered

5. Has to agree with ICS Cool Energy Ltd Trading Terms and Conditions before any order will be processed.

A printed copy of these terms and conditions are available on request.

Please also view our Privacy Policy and Returns Policy

ICS Cool Energy Limited.
Nat West Bank Chambers, 55 Station Road, New Milton, Hampshire, BH25 6JA.

Telephone:+4401425-625900 Fax:+4401425-639041

Email: info@industrialcooling.co.uk
Website: www.industrialcooling.co.uk
 
Registered No: 5509182
VAT number: GB866411221