Cool it (UK) Terms & Conditions
1.1 Free installation of equipment is only applicable to portable air conditioning units and into sites located within the M25 area.
1.2 First month free only applies to rental or lease agreements which are 12 months or longer in duration.
The Owner with the intention of binding its successors undertakes with the Customers:-
1.3 To supply the Customer with the use of equipment detailed under detail of equipment. The equipment at all time remains the property of the Owner unless supplied on an outright purchase basis and only becomes the property of the Customer when full payment of the purchase price has been paid by the Customer to the Owner.
1.4 To deliver and install the equipment to the Customer’s premises provided the location has a 13 amp power socket and accessible mains fed water supply.
1.5 To repair any faulty equipment free of charge where supplied under a maintenance agreement. The Owner may replace faulty equipment in lieu of repair at its’ discretion. Should any repair or replacement of equipment be required due to negligence or misuse of the equipment by the Customer or its employees, then the Owner will be entitled to invoice the Customer the charges to make good the repair or replacement.
The Customer undertakes with the Owner:-
2.1 To promptly pay all fees and money when due to the Owner under this agreement without prior demands. Any failure to pay shall entitle the Owner (without prejudice to its other remedies) to suspend all future deliveries or service.
2.2 Where equipment is being supplied on a rental basis the first payment will be due on either the first day following installation or within one month of the equipment being ready of installation, whichever comes first.
2.3 To ensure the equipment is kept safe and remains where installed by the Owner at all times. Equipment is not to be moved without prior consent from the Owner and not misused or allowed to be misused in any way.
2.4 To indemnify the Owner and insure with a reputable insurance company against all loss of and/ or damage to the equipment (fair wear and tear excepted) and to indemnify the Owner against all personal injury or death caused by the Customers negligence to employees and agents.
2.5 To produce to the Owner a copy of the insurance policy upon receiving 14 days written request of the same.
2.6 To allow the Owner or its agents reasonable access to the equipment to perform its obligations pursuant to this agreement.
Termination of this agreement:-
3.1 Either party to this agreement can terminate in writing forthwith, should the other be in breach of its obligations, subject to the other party being notified in writing of the details of the breach and not remedying such within 30 days of being notified by the other.
3.2 Should the Customer terminate this agreement for any reason, other than the Owner being in breach of its obligations, the Customer undertakes to pay 80% of the monthly rental and/ or maintenance value, multiplied by the number of months remaining in the Contract Period(defined overleaf), including any notice period.
3.3 On termination, at their expense, the Customer shall return to the Owner all equipment that remains the property of the Owner in good condition (save for fair wear and tear) or to allow the Owner entry to the customers premises to collect the equipment.
3.4 At the end of the agreement period (defined overleaf) either party may terminate this agreement by giving the other a minimum of 3 months notice prior to the date of the end of contract period or subsequent anniversaries thereafter and in the absence of notice the agreement will continue year by year until terminated.
Limitation of liability:-
4.1 If the Owner shall be in breach of its obligations, then the only liability shall be to make good that breach. Save in the case of personal injury or death directly caused by the Owner’s negligence, the Owner’s maximum liability to the Customer shall be a sum equal to the payments made by the Customer, whether reasonably foreseeable or not and in particular (and without limitation) shall not be liable for any indirect or consequential loss including but not limited to damage to property from leaks, loss of; profits, revenues, potential contracts or opportunities or otherwise.
4.2 The Owner shall not be liable for any failure on its part due to circumstances outside its control.
