Terms and Conditions

Thermacool Ltd | Registered in England & Wales No. 09688228

54A Church Road, Ashford, TW15 2TS

Version 1.0 | Effective Date: 10 April 2026

Thermacool LTD Standard Conditions of Business

1. In these terms “client” shall mean the client whose name and details appear overleaf or as set out in the agreement attached.

2. General

2.1. The client shall be treated as a commercial or domestic client according to our reasonable discretion.

2.2. All quotations are given and all orders are accepted on these terms. They supersede any other terms appearing in our price list or elsewhere, and over-ride and exclude any other terms stipulated or interpreted or referred to by the client, whether in the instructions or any negotiations or any course of dealings established between us and the client. All orders/instructions given by the client shall be deemed to be made subject to these terms.

2.3. The client acknowledges that there are no representations outside these terms which have induced him/her to enter the contract (which expression shall include any contract for which these terms form part of) and these terms and those on the face of our quotation or sales invoice shall constitute the entire understanding for the performance of work (as defined in paragraph 4).

2.4. No modification of these terms shall be effective unless made be an expressed written agreement between the parties. The signing by us of any of the client’s documents shall not imply modifications of these terms.

3. Quotations

Quotations are subject to withdrawal at any time before receipt of qualified instructions from the client and shall be deemed to be withdrawn unless so accepted within 30 days from their date.

4. The Work

The work to be performed (“The Work”) is specified in our quotation. All descriptions and illustrations contained in our catalogues, price list and advertisements or otherwise communicated to the client are intended merely to present a general idea of the work described therein and nothing contained in any of them shall form any part of the contract.

5. The Price

The price payable by the client is specified in our quotation (or where done at Thermacool Ltd standard charging rates). We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials since the date of our quotation save that if this would increase the price by more than 10% we will give the client the opportunity to cancel the contract.

6. Cancellations

Subject to paragraph 5 the client may not cancel the contract without our consent which if given shall be deeded to be on the express condition that the client shall indemnify us against all loss, damage claims or action arising out of such cancellation unless otherwise agreed in writing.

7. Cancellations

7.1. Domestic Clients
Invoices will be submitted to the client on completion of the work and payment should be made to us on completion or at our sole discretion may be made within 7 days of the date of invoice.

7.2. Commercial Clients

All invoices will be submitted to the client on completion of the work and payment should be made to us on completion or at our sole discretion may be made within 7 days of the date of invoice.

7.3. Domestic and Commercial Clients

Where a preventative maintenance agreement exists, the client will be invoiced on each servicing operation on a pro-rata basis unless stated otherwise in the contract agreement. Invoices remaining unpaid after 28 days from the invoice date will be subject to a finance charge, equal to 2% of the invoice value charged on daily basis. Non account customers who fail to settle accounts on completion of the work are liable, at the company’s discretion, to incur a finance charge equal to 2% of the gross invoice value, charged on a daily basis from the date the invoice was raised until full settlement is made. Returned cheques will be subject to a £10 processing charge and in addition we reserve the right to make an additional administration charge of £10.

7.4 Deposits Domestic and Commercial Clients

In some incidents we will required a deposit this is usually when where materials are higher then or match labour costs, Where quotations required a deposit this needs to be paid before any work is scheduled.

8. Commencement and completion of orders

Dates specified for the commencement and completion of work are estimates only and shall not be the essence of the contract.

9. Inspection of Work

The client shall inspect the work as far as is reasonably possible immediately on completion of it and shall within 7 days give written notice to us in detail of any grounds on which he/she alleges that the work is not in accordance with the contract. IF the client fails to give such notice the work shall conclusively be presumed free from any defects, which would be apparent on reasonable examination of the work.

10. Indemnity

The client shall indemnify us against all actions, suits, claims, demands, losses, charges, costs and expenses which we may suffer or incur in connection with the claim by any third party alleging facts which if established would result in a breach of the clients obligation, undertakings, representations and warranties under this agreement.

11. Whole Agreements and Exclusion Liability

These terms set out our entire liability in respect of the work, and our liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) except any which by law cannot be excluded save as provided in these terms and except as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of defects in the work or failure to correspond to specification or for any injury, damage or loss resulting from any such defects or failure or from carrying out of any work.

12. Limitations of Liability

Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or for any breach of this agreement of any duty of care or otherwise owed to the client in connection herewith shall be limited to the invoice value of the work.

13. Dangerous Gases, Liquid, Materials

13.1. Prior to the commencement of the work, the client shall inform us of all dangerous gases, liquids and any other materials of any nature whatsoever (including but not limited to asbestos) which are present on the premises where the work is to be carried out by us and which could constitute a danger to us in carrying out the work or otherwise.

13.2. The client shall also ensure that we are in good time properly advised in writing of all precautions which need to be taken on account of the presence of such dangerous materials. The client shall provide suitable cleaning facilities and, if circumstance require it, a qualified and competent safety man to advise upon how the work can be safely done. The client shall also notify us in writing of any special requirements laid down by the factory inspector or similar authority. The client shall be responsible for all loss or damage whether direct, indirect or consequently due to client failure to fulfil any of the above obligations. If the client shall fail to comply with the above we shall be under no obligation to carry out the work.

14. Access

The client shall provide clear access to all work areas to enable us to carry out the work. The client shall provide if possible any site plans showing pipe locations, if this is not available we reserve the right to render additional charges if necessary to trace unidentified pipes to complete the work. The client shall obtain permission for us to proceed over property belonging to third parties if it is necessary for the proper execution of the works and shall obtain any permission necessary to carry out work on property belonging to third parties. The client shall indemnify us against all claims of whatsoever nature made by third parties and arising out of our presence on their property save when such claims result directly from negligence on our behalf. The client shall be liable to us for all loss or damage whether direct, indirect or consequently suffered by us as a result or failure or delay by the client in prolonging the obligations referred to above.

14.1 The client shall allow access to the property to carry out the works, any cancelled appointment requires 24 hours notice, if access is not available on the day of appointment a missed appointment fee of £25 +vat will be charged to the account, if working outside of our normal working area there will be additional charge of £50 making a total charge of £75 +vat.

15. Work Guarantee

Subject to clause 9. We guarantee completed plumbing, heating, gas work and air-conditioning works for a period of 365 days from completion provided that the guarantee shall not apply to defects resulting from misuse or faulty workmanship by the client, its employees and sub-contractors or any other third party working for or on the direction of the client.

15.1 The work guarantee does not cover for damage caused by any types of animals or insect.

15.2 The work guarantee does not cover any form of ‘Act of God’

16. Majeure, Etc

We will use our best endeavours to carry out the works on the agreed dates but shall not be under any liability to the client if it should be either impossible or impractical to carry out the work on the agreed date or dates or by reason of strikes, lock out, industrial disputes, acts of God or any other event or occurrence beyond our control.

17. Client’s Liability

The client shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting from failure or delay in the performance of his obligations under these terms.

18. Additional Labour and Equipment

The client undertakes at his own expense to provide such additional labour we may reasonably require to put us in a position to carry out the work. Such additional labour shall be suitably qualified and experienced to carry out the work as required by us. The client should also provide at our request such scaffolding, ladders or other equipment as may be necessary in order to reach access points.

19. Removal of Deposits

Unless otherwise agreed in writing the client will be responsible for the removal from site of deposits.

20. Materials

All Materials will remain the property of Themacool Ltd until payment of any invoice is paid for in its entirety. If the invoice is a deposit invoice then the materials still remain the property of Thermacool Ltd until the relating quote and subsequent final invoice has been settled. Materials Supplied by Thermacool Ltd charged at trade plus 20%.

21. Collection Fee

When carrying out a repair, we might have to collect a part not stocked on our vans, when this happens we will charge at 15 minute intervals to collect the item/s but no more than 45mins will be billed for this service.

22. Water and Power

The client will be responsible for providing all necessary power and clean water supply.

23. Following our work

You may need to do some redecorating or ducting of pipework. You will be responsible for this work.

24. Waiver Variation Etc.

No waiver by us of any breach shall operate as a waiver or any preceding or subsequent breach. No variation shall be effective against us unless sanctioned in writing by us. No forbearance or delay on our part shall prejudice our rights.

25. Additional Work

Where all consideration is given as to the evaluation or work duration, every precaution will be taken to ensure that no additional costs are incurred by the client. It is however agreed and a condition of these terms that should further work be necessary to compete the contract and where no site representative is available, through site closure, to sanction the necessary extension, Thermacool Ltd has the client’s authority to, without reference, extend the working day to complete the prescribed works. Additional hours will be charged on a pro-rata basis or in accordance with our current rates.

26. Children and pets

It is the responsibility of the Client to ensure that all children and pets are kept away from the areas in which we are working

27. Dangerous Gases, Liquid, Materials

Unless otherwise agreed in writing the client will be responsible for any parking fees levied in Controlled Parking Zones (CPZ’s). Any such fees incurred will be passed onto the Client at cost.

28. Gas Work

Prior to commencement of work involving gas appliances, the existing gas supply will be subject to a soundness test to check for compliance with Gas Safety Regulations. Any faults found will be advised to the Client and any rectification works required may be subject to additional charges

29. Existing Pipework

Should the works include pressurising an existing heating system, the Client should be aware that the higher pressures may find weaknesses in the existing system. Any repairs required in this respect are not included within our quotations

30. Other Trades

Where other trades are involved in the works and these trades are not under our control any delays that may be caused to our progress by these trades may be subject to an extra charge and/ or delay in completion

31. Re-instatement

Whilst all external holes formed during the execution of the proposed works will be made good on completion (unless stated otherwise), no allowance has been made for re-instatement of decorations. We do not guarantee to match existing brickwork where boiler flue terminals have been removed.

32. Powerflushing

It must be pointed out that, whilst this treatment is generally harmless, depending on the condition of the existing components the process may find weaknesses in the system. Should any such problems be encountered then any rectification works required may be charged at extra cost. The customer will be asked to sign a waiver confirming this point.

IMPORTANT:

Please read these Terms and Conditions carefully before engaging our services. By instructing Thermacool Ltd to carry out any work, or by accepting a quotation, you agree to be bound by these Terms. If you do not agree, please contact us before work commences.

HOW THESE TERMS WORK

These Terms are divided into three parts:

In the event of a conflict between Part A and Part B or Part C, Part B or Part C (as applicable) shall take precedence. Nothing in these Terms affects your statutory rights.

DEFINITIONS

In these Terms, the following definitions apply:

“Company” means Thermacool Ltd, company number 09688228, registered at 54A Church Road, Ashford, TW15 2TS.
“Customer” means the person, firm, company, or organisation instructing the Company to carry out Services.
“Domestic Customer” means a Customer who is a natural person contracting wholly or mainly outside the course of a business, trade or profession.
“Commercial Customer” means a Customer acting in the course of a business, trade or profession.
“Services” means any work, installation, servicing, maintenance, repair, fault diagnosis, commissioning, decommissioning, or related activities carried out by the Company.
“Works” means the specific scope of work as described in a Quotation or Works Order accepted by the Customer.
“Quotation” means a written estimate or proposal issued by the Company for Services.
“Contract” means the agreement formed between the Company and the Customer upon acceptance of a Quotation, or upon commencement of Works, incorporating these Terms.
“Equipment” means any goods, plant, materials, or components supplied by the Company as part of the Services.
“Site” means the premises at which the Services are to be carried out.
“F-Gas Regulation” means retained EU Regulation 517/2014 and related UK legislation on fluorinated greenhouse gases, as amended from time to time.

PART A – GENERAL TERMS

The following terms apply to all customers, whether domestic or commercial.

1. QUOTATIONS AND ACCEPTANCE

All Quotations are valid for 30 days from the date of issue unless stated otherwise in writing.
A Quotation is an offer to carry out the Works described. It does not constitute a binding Contract until the Customer accepts it in writing (including email) or authorises commencement of work.
Quotations are based on the information available to the Company at the time of issue. If, on commencement of Works, conditions are found to differ materially from those described or anticipated, the Company reserves the right to revise the Quotation. The Company will notify the Customer promptly of any such variation and seek authorisation before proceeding.
Unless expressly stated otherwise, Quotations do not include: making good, plastering, tiling, decorating, or other building works; electrical works beyond direct connection to existing supply points; scaffolding, access equipment, or specialist lifting; permit fees, planning permissions, building regulations applications, or inspections by third parties; the cost of any asbestos survey, removal or works; or any works not described in the Quotation.
Where works are carried out on a day-rate or time-and-materials basis rather than a fixed price, the Customer will be informed in advance and shall be liable for all reasonable costs incurred.

2. PAYMENT TERMS

Unless otherwise agreed in writing: (a) for domestic works, payment is due in full on completion of the Works; (b) for commercial works, payment is due within 30 days of the date of invoice.
The Company reserves the right to require a deposit of up to 70% of the Contract value before commencing Works. Where materials or equipment are of significant value, this may be up to the full cost of materials.
Special Order and Made-to-Order Items: Where the Works require Equipment that is manufactured, configured, or ordered specifically to meet the requirements of the Customer’s installation (including but not limited to bespoke air handling units, made-to-measure grilles, non-standard refrigerant systems, or any item identified as “special order” in the Quotation), such items are non-refundable once ordered. The Company will identify any such items clearly in the Quotation prior to ordering. By accepting the Quotation, the Customer acknowledges and agrees that the cost of special order items is not recoverable in the event of cancellation, variation, or change of instruction.
Cancellation by the Customer: If the Customer cancels the Contract or any part of the Works for any reason after a Quotation has been accepted, the following charges apply: (a) Restocking charges: the Customer shall be liable for any restocking, cancellation, or returns fees levied by the Company’s suppliers in respect of Equipment ordered for the Works. Such charges will be passed on at cost and evidenced by supplier documentation on request. (b) Aborted works fee: in addition to any restocking charges, the Company reserves the right to charge a fee of up to 10% of the total Contract value (or the value of the cancelled portion, where cancellation is partial) to cover administration, planning, preprocurement, and resource allocation costs incurred in connection with the Works up to the date of cancellation. (c) Works already carried out: the Customer shall pay in full for any Services already performed and materials installed or incorporated prior to the date of cancellation, at the agreed Contract rate or, where no rate was agreed, at a fair commercial rate. The Company will issue a written breakdown of all cancellation charges within 14 days of receiving notice of cancellation.
Cancellation Timeline and Restocking Charges: Regardless of when cancellation occurs and regardless of which tier below applies, the following costs are always recoverable by the Company upon cancellation: (i) any restocking, returns, or cancellation fees charged to the Company by its suppliers in respect of Equipment ordered for the Works; and (ii) the full cost of any special order or made-to-order items as set out in clause 2.3. These charges are a direct pass-through of costs incurred by the Company and are payable by the Customer irrespective of any deposit paid or refund otherwise due. Where a deposit has been paid, the Company may deduct restocking charges and any other sums due under this clause from the deposit before returning any balance. The aborted works fee under clause 2.4(b) is calculated separately on a graduated basis according to the notice given prior to the scheduled Works start date, as follows: (a) More than 14 calendar days’ notice before the scheduled Works start date: no aborted works fee is charged; (b) Between 7 and 14 calendar days’ notice before the scheduled Works start date: an aborted works fee of up to 5% of the Contract value applies; (c) Less than 7 calendar days’ notice before the scheduled Works start date, or at any point once Works have commenced or materials have been delivered to Site: an aborted works fee of up to 10% of the Contract value or the cancelled portion applies, plus the full value of any Works carried out to date. Where no scheduled start date has been confirmed in writing, the date of Quotation acceptance shall be used as the reference point for calculating notice. All cancellations must be notified to the Company in writing, including by email to j.cretella@thermacool.co.uk. A cancellation is not effective until acknowledged in writing by the Company. The date of written notification shall be used to determine the applicable tier above.
Invoices shall be issued by email or post. Payment may be made by bank transfer, cheque, or such other methods as the Company may agree from time to time. The Company does not accept cash for works exceeding £1,000.
If payment is not received by the due date, the Company reserves the right to: (a) suspend further works without notice; (b) charge interest on overdue amounts at 8% per annum above the Bank of England base rate from time to time, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (in respect of commercial transactions); and (c) recover reasonable debt recovery costs.
All prices are exclusive of VAT unless stated otherwise. VAT will be charged at the prevailing rate and itemised on the invoice.
Ownership of all Equipment supplied by the Company shall remain with the Company until payment in full has been received. Risk in Equipment passes to the Customer on delivery to Site.

3. CARRYING OUT THE WORKS

The Company will exercise reasonable skill and care in the performance of the Services, in accordance with accepted industry standards and applicable regulations.
The Customer shall: (a) ensure safe and unobstructed access to the Site and relevant areas at all agreed times; (b) ensure that electricity, water, and other utilities required for the Works are available; (c) provide accurate and complete information regarding the Site and any existing systems; (d) notify the Company of any known or suspected hazards, including but not limited to asbestos, legionella, lead, or other environmental risks.
If access is denied or delayed due to the Customer, any additional time or costs incurred shall be chargeable to the Customer.
The Company will use reasonable endeavours to carry out Works within any agreed timeframes, but time shall not be of the essence unless expressly agreed in writing. The Company shall not be liable for delays caused by matters outside its reasonable control.
The Company may engage sub-contractors to carry out all or part of the Works. The Company shall remain responsible to the Customer for the sub-contractor’s performance.
The Company will take reasonable care of the Site and Customer’s property. Any damage caused directly by the negligence of the Company or its operatives will be made good or compensated at the Company’s discretion. The Company is not responsible for pre-existing defects or damage.
Any variation to the scope of Works must be agreed in writing (including email confirmation) before proceeding. Verbal instructions to vary Works do not bind the Company unless subsequently confirmed in writing.

4. REGULATORY COMPLIANCE

The Company holds all relevant industry accreditations and shall carry out Works in accordance with applicable legislation and regulations, including but not limited to: Building Regulations; the F-Gas Regulation; relevant British Standards and industry Codes of Practice; Health and Safety at Work etc. Act 1974 and associated Regulations.
F-Gas and Refrigerant Handling: All works involving fluorinated greenhouse gases shall be carried out only by F-Gas certified engineers. The Company will maintain appropriate records as required by the F-Gas Regulation. The Customer must not interfere with, modify, or instruct others to modify any refrigerant circuit without engaging an appropriately certified engineer.
Where relevant, air conditioning systems installed or serviced by the Company require periodic mandatory inspection under Article 4 of the F-Gas Regulation. The Company recommends regular servicing and can arrange this on request. It is the Customer’s responsibility to ensure compliance with applicable inspection schedules.
Where any Works relate to gas appliances, such works will be carried out only by Gas Safe registered engineers. The Company will provide relevant certification on completion.
Where required, the Company will obtain relevant Building Regulations notifications or Competent Person Scheme self-certification. Where third-party inspections are required, any fees payable will be notified to the Customer in advance.

5. WARRANTIES AND GUARANTEES

Subject to the provisions of this clause, the Company warrants that the Works will be free from defects in workmanship for a period of 12 months from the date of practical completion (“Workmanship Warranty”).
Equipment supplied by the Company is subject to the manufacturer’s warranty, details of which will be provided on request or at the time of installation. Manufacturer warranties are separate from and in addition to the Workmanship Warranty.
The Workmanship Warranty does not cover: (a) fair wear and tear; (b) damage caused by misuse, neglect, accidental damage, or wilful acts; (c) damage caused by failure to follow the Company’s or manufacturer’s instructions or recommendations; (d) works carried out by third parties on equipment or systems installed by the Company; (e) consumable parts (e.g. filters, belts, refrigerant); (f) problems arising from inadequate electrical supply, structural defects, or defects in existing infrastructure; (g) corrosion, scale, or damage attributable to water quality.
To claim under the Workmanship Warranty, the Customer must notify the Company in writing of the defect within the warranty period and within a reasonable time of becoming aware of it. The Company shall, at its discretion, repair or re-perform the defective Works at no charge.
Unless expressly stated otherwise in writing, the Company does not warrant that installed Equipment will achieve any specific performance outcome, where performance is dependent on factors outside the Company’s control (including but not limited to building fabric, occupancy, usage patterns, or ambient conditions).

6. LIABILITY

Nothing in these Terms limits or excludes the Company’s liability for: (a) death or personal injury caused by its negligence or that of its employees or agents; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law.
Subject to clause 6.1, the Company’s total liability to the Customer in respect of all claims arising under or in connection with the Contract (whether in contract, tort including negligence, breach of statutory duty, or otherwise) shall not exceed the total value of the Contract for the Works giving rise to the claim.
The Company shall not be liable for any: (a) loss of profits, revenue, business, or anticipated savings; (b) loss of data or goodwill; (c) indirect or consequential loss; whether or not such losses were foreseeable or the Company had been advised of their possibility.
The Company shall not be liable for any loss or damage caused by factors outside its reasonable control, including but not limited to: failure of third-party equipment not supplied by the Company; preexisting defects; acts or omissions of the Customer or third parties; inadequate ventilation or building conditions.

7. INSURANCE

The Company maintains Public Liability Insurance and Employers’ Liability Insurance in amounts appropriate to the nature of its business. Details of current cover are available on request.
The Customer is responsible for ensuring that appropriate building and contents insurance is in place covering the Site and its contents during the carrying out of Works.

8. HEALTH, SAFETY AND SITE CONDITIONS

The Company’s operatives are required to comply with all applicable health and safety legislation. The Customer must ensure that safe working conditions are available on Site and must advise the Company of any site-specific health and safety rules, hazards, or permit requirements before work commences.
The Company reserves the right to suspend or cease Works immediately if, in the opinion of its operatives, conditions on Site present an unacceptable risk to health and safety. Works will not resume until the conditions are remedied. Any additional time or costs arising from such suspension shall be recoverable from the Customer where the unsafe conditions are attributable to the Customer.
Where required by law or Site conditions, a risk assessment and method statement (RAMS) will be prepared by the Company prior to commencement of Works. The Customer may be required to review and sign-off RAMS before Works begin.

9. DATA PROTECTION AND PRIVACY

The Company collects and processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Personal data provided by the Customer will be used to: administer the Contract; communicate with the Customer; carry out the Services; comply with legal obligations; and, where consent has been given, send marketing communications.
The Company will not sell or share personal data with third parties except where necessary for the performance of the Contract (e.g. suppliers, sub-contractors) or where required by law.
Customers have the right to access, correct, or request deletion of their personal data. To exercise these rights, contact j.cretella@thermacool.co.uk.
The Company’s full Privacy Policy is available at thermacool.co.uk and sets out in detail how personal data is handled.

10. CONFIDENTIALITY

Both parties agree to keep confidential any information disclosed in connection with the Contract that is reasonably identified as confidential, and not to disclose it to third parties without prior written consent, except as required by law.

11. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: acts of God, flood, fire, extreme weather, epidemic or pandemic, acts of government, strikes, supply chain disruption, or war.
The party affected shall notify the other promptly and use reasonable endeavours to mitigate the effect of the force majeure event. If such circumstances continue for more than 60 days, either party may terminate the Contract on written notice without further liability (save for amounts owed for Works already carried out).

12. COMPLAINTS AND DISPUTE RESOLUTION

The Company is committed to delivering a high standard of service. If the Customer has a complaint, they should contact the Company in the first instance by email to j.cretella@thermacool.co.uk or in writing to 54A Church Road, Ashford, TW15 2TS. The Company will acknowledge the complaint within 5 business days and aim to resolve it within 28 days.
If a complaint cannot be resolved to the Customer’s satisfaction, the Customer may wish to seek resolution through an independent trade body or, in the case of domestic customers, an Alternative Dispute Resolution (ADR) scheme. The Company will advise of any applicable scheme on request.
Where a dispute cannot be resolved by agreement, either party may refer the matter to the courts of England and Wales.

13. TERMINATION

Either party may terminate the Contract immediately by written notice if the other: (a) commits a material breach of these Terms and fails to remedy it within 14 days of written notice; (b) becomes insolvent, enters administration, receivership or liquidation, or makes any arrangement with creditors.
The Company may suspend or terminate the Contract if: (a) the Customer fails to pay any sum due and the overdue amount remains unpaid 14 days after written notice to pay; (b) the Customer materially obstructs or prevents the carrying out of Works.
On termination, the Customer shall pay the Company for all Works completed to the date of termination, together with all materials and Equipment ordered or delivered in connection with the Contract that cannot reasonably be returned.

14. GENERAL PROVISIONS

Governing Law: These Terms and any Contract formed pursuant to them shall be governed by and construed in accordance with the law of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
Entire Agreement: These Terms, together with any accepted Quotation or Works Order, constitute the entire agreement between the parties in relation to the Works and supersede all prior representations, negotiations, or agreements.
Variation: No variation to these Terms shall be effective unless agreed in writing by a director of the Company.
Waiver: Failure by either party to enforce any provision of these Terms shall not constitute a waiver of the right to enforce that provision or any other provision at a later time.
Severance: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Third Parties: These Terms do not confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999, unless expressly stated.
Notices: Any formal notices under these Terms shall be in writing and delivered by email to the address provided, or by first-class post to the registered address of each party.

PART B – ADDITIONAL TERMS FOR DOMESTIC CUSTOMERS

These additional terms apply where the Customer is a Domestic Customer (a consumer). They operate alongside Part A and, where there is any conflict, these terms take precedence. They do not limit your statutory rights.

YOUR STATUTORY RIGHTS:

As a domestic consumer, you have rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, among others. Nothing in these Terms affects those rights.

B1. Pre-Contract Information

Before entering into a Contract for Services, the Company will provide you with: a description of the Services to be carried out; the total price (or basis for calculating the price where a fixed price cannot be given); payment arrangements; and any right to cancel.
Where Services are arranged at a distance (e.g. by phone or email) or off-premises (e.g. at your home), you may have a right to cancel under the Consumer Contracts Regulations (see clause B2).

B2. Right to Cancel (Distance and Off-Premises Contracts)

If you enter into a Contract at a distance or off-premises, you generally have a statutory right to cancel within 14 calendar days of the Contract being formed, without giving a reason (“Cancellation Period”).
If you request that the Company begin work during the Cancellation Period, you must confirm this request expressly in writing (including email). By doing so, you acknowledge that: (a) you will remain entitled to cancel during the Cancellation Period; but (b) if you cancel after work has commenced, you will be required to pay for the proportion of Services carried out up to the date of cancellation.
If you request that Works are completed in full within the Cancellation Period and you confirm this in writing, your right to cancel is extinguished on completion.
To exercise your right to cancel, notify the Company clearly in writing (email to j.cretella@thermacool.co.uk or letter to our registered address) before the end of the Cancellation Period. The Company will acknowledge your cancellation promptly.
The right to cancel does not apply to: contracts for repairs or maintenance where you have specifically requested a visit and the total price is less than £170; contracts where you have specifically requested attendance for an emergency repair or maintenance; or contracts not concluded at a distance or offpremises (e.g. where you attended our premises to agree the work).

B3. Pricing Transparency

All prices quoted to Domestic Customers are inclusive of VAT unless explicitly stated otherwise.
If the scope of Works changes after acceptance, the Company will provide a revised price or estimate before carrying out the additional work. You are not obliged to accept additional work.

B4. Consumer Rights Act 2015 – Service Standards

Under the Consumer Rights Act 2015, the Company must carry out the Services: (a) with reasonable care and skill; (b) at a reasonable price (where no price was agreed in advance); and (c) within a reasonable time (where no time was agreed).
If the Services do not conform to this standard, you have the right to: (a) require the Company to repeat or rectify the service; and (b) if repeat performance is not possible or not carried out within a reasonable time, to require a price reduction of an appropriate amount.
If Equipment supplied as part of the Services is found to be faulty or not as described within 30 days of installation, you are entitled to reject it and receive a full refund. Within the first six months, the burden of proof is on the Company to show that any defect was not present at the time of installation.

B5. Limitation of Liability for Domestic Customers

The limitation of liability in clause 6.2 of Part A applies to Domestic Customers only to the extent permitted by law. Where the Consumer Rights Act 2015 or other consumer protection legislation provides you with a remedy, the Company will honour that remedy regardless of any contractual limitation.
The exclusion of consequential loss in clause 6.3 of Part A shall not apply to the extent that it would be unlawful under the Consumer Rights Act 2015 or other applicable consumer law to exclude such liability.

B6. Complaints – Additional Rights for Domestic Customers

If your complaint is not resolved to your satisfaction following the process set out in clause 12 of Part A, you may have the right to refer your complaint to an Alternative Dispute Resolution (ADR) provider. We will advise you of any applicable ADR scheme upon request. You may also refer disputes to the appropriate Trading Standards service or seek advice from Citizens Advice.
Online dispute resolution: The European Commission’s Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr, although we are not currently required to use it. We are happy to attempt ADR regardless.

PART C – ADDITIONAL TERMS FOR COMMERCIAL CUSTOMERS

These additional terms apply where the Customer is a Commercial Customer (acting in the course of a business, trade, or profession). They operate alongside Part A and, where there is any conflict, these terms take precedence.

C1. Order of Precedence and Bespoke Contracts

These Terms shall apply to all Commercial engagements unless superseded by a separately executed written agreement signed by a director of the Company
The Company does not accept purchase orders or standard terms issued by Commercial Customers that purport to override these Terms unless expressly agreed in writing by a director of the Company.

C2. Payment – Commercial

Payment terms for Commercial Customers are net 30 days from invoice date unless otherwise agreed in writing.
For larger or ongoing contracts, the Company may require milestone or stage payments, which will be specified in the Quotation or agreed Contract.
The Company reserves the right to charge interest on overdue commercial invoices under the Late Payment of Commercial Debts (Interest) Act 1998 at the statutory rate (currently 8% above the Bank of England base rate), plus reasonable debt recovery costs.
The Customer shall not withhold or set off payment against disputed amounts without the Company’s prior written consent. Any disputed element of an invoice must be notified to the Company within 7 days of the invoice date, with full undisputed amounts paid by the due date.

C3. Site and Access – Commercial

The Commercial Customer is responsible for ensuring that all necessary approvals, permits, licences, and consents required for the Works are obtained in advance, unless the Quotation expressly states otherwise.
The Customer shall provide the Company with all relevant site-specific health and safety requirements, risk assessments, site induction procedures, and permit-to-work systems in advance of Works commencing.
Where Works are carried out in occupied commercial premises, the Customer shall ensure that appropriate notice is given to occupants and that operatives can carry out work without interruption or interference.

C4. Drawings, Specifications and Documentation

Where Works are based on drawings or specifications provided by the Customer or their consultant, the Company relies on those documents being accurate and complete. The Company is not liable for defects arising from errors or omissions in such documents.
On completion of Works, the Company will provide commissioning records, F-Gas documentation, and as-fitted information as applicable and required by regulation. Additional technical documentation (e.g. O&M manuals, full system schematics) may be available at additional cost.

C5. Exclusion of Implied Terms – Commercial

To the fullest extent permitted by law, all implied warranties, conditions, and terms (whether statutory, at common law or otherwise) are excluded from Contracts with Commercial Customers. The express warranties in clause 5 of Part A represent the full extent of the Company’s warranty obligations to Commercial Customers.
In particular, any implied term as to fitness for a particular purpose, satisfactory quality, or compliance with description under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982 is excluded to the fullest extent permissible.

C6. Liability Cap – Commercial

The aggregate liability of the Company to Commercial Customers, whether in contract, tort, breach of statutory duty, or otherwise, shall in no circumstances exceed the total value of the Contract for the specific Works giving rise to the claim.
The Company shall not be liable to Commercial Customers for any indirect, consequential, special, or punitive losses, including but not limited to: loss of profit, business interruption, loss of revenue, increased operating costs, loss of contract, or any reputational damage, whether or not the Company was advised of the possibility of such losses.

C7. Defective Premises Act 1972

The Company accepts that the Defective Premises Act 1972 applies to Works carried out on dwellings, and these Terms do not purport to exclude any obligations arising under that Act where such exclusion would be unlawful.

C8. Assignment

Commercial Customers may not assign, transfer, or sub-contract any of their rights or obligations under these Terms without the prior written consent of the Company.
The Company may assign or sub-contract any element of the Works without the Customer’s consent, provided that it remains responsible for performance.

C9. Retention of Title – Commercial

Legal and beneficial title to all Equipment supplied by the Company remains vested in the Company until payment in full has been received. The Customer holds any such Equipment as bailee until title passes.
Until title passes, the Customer shall: store the Equipment separately and in a manner that keeps it identifiable as the Company’s property; not encumber, pledge, or charge the Equipment; and insure the Equipment for its full replacement value.
If the Customer fails to pay amounts due, or becomes insolvent, the Company may enter the Customer’s premises to recover Equipment to which title has not passed. The Customer grants an irrevocable licence to the Company to do so.

SCHEDULE – KEY CONTACTS AND INFORMATION

Thermacool Ltd contact details:

Address: 54A Church Road, Ashford, TW15 2TS
Email: j.cretella@thermacool.co.uk
Tel: 07454 291 235
Website: thermacool.co.uk
Registered No.: 09688228 (England & Wales)

Useful regulatory and consumer information bodies:

– Citizens Advice Bureau: citizensadvice.org.uk (for domestic consumers)
– Trading Standards: via local council
– Gas Safe Register: gassaferegister.co.uk
– F-Gas Register (REFCOM / ACRIB): refcom.org.uk
– Information Commissioner’s Office (data protection): ico.org.uk