TRS Cooling Limited

Terms and Conditions for the Supply of Products and Services

1. About us

We are TRS Cooling Limited, a company registered in England & Wales under company number 09777561.

Registered office: 2a Cuebar Court, Lashford Lane, Dry Sandford, Abingdon, OX13 6EB.

Email: enquiries@trscooling.co.uk    Website: www.trscooling.co.uk

VAT registration number: 221922142

2. Who these terms apply to

These terms apply to every contract we enter into for the supply and/or installation of goods and services, whether you are a consumer (buying for personal, non-business use) or a business.

Some of the rights described below — in particular Section 6 (Your right to cancel) — apply only where you are a consumer, because they come from consumer protection law. Clauses marked “(Business customers)” apply only where you are contracting with us in the course of a trade, business, craft or profession.

3. Interpretation & definitions

• ‘Fees’ or ‘Costs’ means an amount payable to us by you for the provision of goods and/or services.
• ‘Quote’ means any quotation issued by us to you.
• ‘TRS Cooling Limited’, ‘TRS Cooling Ltd’, ‘TRS Cooling’, ‘us’, ‘we’ and ‘our’ all refer to TRS Cooling Limited.
• ‘You’ and ‘your’ refer to the customer entering into the contract with us.
• ‘Consumer’ means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession, as defined in the Consumer Rights Act 2015.
• ‘In writing’ means by letter or email.
• ‘Services’ means the engineering and associated services relating to the equipment supplied or serviced by us.
• ‘Contract’ means the agreement formed between you and us on these terms, as described in Section 5.

4. Site survey and quotations

Site survey

We provide an initial site survey free of charge for new installations. Further site surveys for the same site are at our discretion and may be charged at our current call-out rate. A site survey covers new installations only; it does not cover remedial works or fault-finding on existing systems.

Quotations

Quotations are sent to you by email based on the information gathered during the survey. A quoted price is valid for 30 days from the date of the quotation; after this it must be revalidated, and prices may change. Quotations (excluding call-out charges) are fixed price. Prices shown to business customers are exclusive of VAT unless stated.

For consumer customers, we will show you the total price including VAT before you accept a quotation.

5. Formation of the contract

A contract is formed once you have given us written acceptance of a quotation (by email or signature) and, where a deposit is required, once that deposit has cleared into our bank account. A job is not confirmed or secured until the deposit payment has cleared and been confirmed by us.

By accepting a quotation, you agree to be bound by these terms.

6. Your right to cancel (consumers only)

This section applies where you are a consumer and our contract with you is entered into away from our business premises (for example, at your home) or at a distance (for example, by phone or email), as these are the situations covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Your 14-day cooling-off period

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days after the day the contract is entered into. To exercise the right to cancel, you must inform us of your decision by a clear statement (by post or email, using the contact details in Section 1). You may use the model cancellation form we provide, but you do not have to.

Starting work before the 14 days are up

If you want us to start work (including ordering equipment or beginning installation) before the 14-day period has ended, we will ask you to make an express request for this in writing, and we will tell you clearly what this means for your right to cancel, as set out below.

• If you cancel after work has started at your express request, and before it is complete, you must pay us a reasonable amount for the work carried out and any goods already supplied, calculated in proportion to what has been done, up to the point you told us you were cancelling. You will not be charged for the full contract price.
• If, at your express request, the service is fully performed within the 14-day period, you lose your right to cancel once it is complete, and the full price is payable.
• Deposits are refunded to the extent they exceed the reasonable amount owed for work actually carried out, calculated as above.

Goods made to your specification

The cancellation right does not apply to goods that are made to your specification or are clearly personalised. This is a narrow exception. Standard air conditioning units selected to suit the size and characteristics of a room are not, of themselves, treated as made to your specification, so in most cases this exception will not remove your right to cancel a standard installation.

Repairs and call-outs you have specifically requested

Where you have specifically requested a repair, call-out, or urgent visit to take place within the cancellation period and asked us to attend before the 14 days are up, the cancellation right may not apply to that specific service once it has been performed in full, in line with the Regulations.

7. Cancellation outside the cooling-off period, and by business customers

Outside of the statutory cancellation period described in Section 6 (or where Section 6 does not apply, including for all business customers), the following applies once you have accepted a quotation:

• We will order equipment for your job once any required deposit has been received.
• If you cancel before work has started, we may retain a reasonable proportion of your deposit to cover costs we have already incurred or committed to (for example, equipment already ordered), rather than the whole deposit automatically.
• If you cancel after work has started, you will be liable for the reasonable costs we have incurred up to that point, plus any costs we cannot avoid (such as non-cancellable equipment orders), rather than automatically the full remaining contract price.

8. Additional costs

Additional costs can arise in certain circumstances. We will notify you before proceeding and will need your acceptance of any additional charge before continuing. This may apply where:

• a variation or addition is needed that could not reasonably have been identified at survey or quotation stage;
• we cannot gain access to the site, causing delay;
• a call-out is cancelled, whether or not our engineer has reached site, without at least 48 hours’ notice;
• you change your mind on location, specification or system after installation has started or completed; in this situation you remain liable for the costs of work already carried out, and a new quotation will be required for further work;
• works are delayed due to your error or a scheduling issue on your part.

9. General work exclusions

Unless stated on your quotation, the following are not included as standard:

• installation of electrical power supply or other electrical works (unless stated);
• building work, BMS, or building controls;
• specialist lifting, scaffolding, or access equipment;
• redecoration of walls or ceilings;
• skips or additional waste removal;
• fire stopping;
• landlord, local authority, or planning permissions.

10. Working hours and your obligations

Work is carried out during normal working hours, 08:00–16:00 Monday to Friday, unless otherwise stated. Work outside these hours is subject to additional charges, agreed in advance.

You agree to provide:

• safe, unrestricted access to the site for the duration of the work, and reasonable parking nearby;
• a safe area for storing our equipment, tools and materials during the works;
• electricity, water, and access to toilet facilities;
• courteous treatment of our staff.

If these are not provided, we may remove our staff from site, and this may result in additional costs to you.

11. Delivery and installation

Where equipment needs to be delivered ahead of the installation date, we will ask for your acceptance first. If delivery is delayed or fails because you have not taken the necessary steps, we will try to rearrange it, though we cannot guarantee timing, and you may be liable for any extra delivery costs caused. Cancellations of scheduled services require at least 48 hours’ notice to avoid additional charges.

• All goods remain our property until paid for in full (see Section 15, Retention of title).
• The installation area should be clear of obstructions and personal items; our engineers can help move items but are not liable for damage or breakage caused while doing so.
• You will ensure adequate lighting and power are available for installation.
• If an engineer is delayed by unforeseen circumstances, we will let you know as soon as reasonably possible.
• Our engineers will clear debris caused by their work but do not provide a deep-cleaning service.
• We will take reasonable care of your property while carrying out work, and will make good any damage caused by our failure to take reasonable care, up to the replacement value of the item affected.

12. Warranty – installations

All new installations come with a 1-year parts and labour warranty as standard, starting from the date the system is commissioned.

In addition, as an approved installer, we can provide a manufacturer’s parts warranty for the system, provided a suitable maintenance agreement is held with us and kept up to date (see Section 13). The length of the manufacturer’s parts warranty is stated at the time of quotation. It covers manufacturer parts only, and does not cover labour, external parts, or ancillary items such as condensate pumps, cabling, pipework, trunking or refrigerant.

The following are not covered by our warranty:

• accidental or deliberate damage;
• user error;
• Wi-Fi or app-related faults;
• excessive dirt or dust build-up;
• smells caused by environmental factors;
• any period where required maintenance visits have not been carried out;
• any fault arising after another company has worked on or attempted to repair the equipment.

The manufacturer’s warranty is only valid where the system continues to be serviced and maintained through us.

If payment for the installation is overdue, we may suspend warranty work until payment is received, but this does not remove your underlying statutory rights (see Section 19).

13. Warranty – repairs and maintenance contracts

Repair work carried out by us carries a 6-month parts and labour warranty, limited to the specific parts replaced and excluding unrelated wear and tear or failure of other components. If further issues are found during a repair, we will raise a separate quotation.

To keep a manufacturer’s parts warranty in place, an annual maintenance agreement must be held and kept up to date; the required visit frequency depends on the type of premises and use and will be set out in your quotation (typically 1 visit a year for occasional domestic use, up to 3 visits a year for continuous commercial use, computer/server rooms, or high-impurity environments such as workshops and gyms).

Cancellation of a contract, including a maintenance agreement, must be given to us in writing. We will consider cancellation requests reasonably and without undue delay, taking into account any costs already committed on your behalf.

14. Invoicing, payment, and late payment

Our payment terms are 14 days from the date of invoice unless we agree otherwise in writing. Deposits of 50% are required before we order equipment or schedule an installation date, unless agreed otherwise.

Payment can be made by bank transfer or by card via Stripe. All amounts are payable in full, and neither party may set off sums owed under this contract against unrelated claims, except where a consumer has a statutory right to withhold payment (for example, under the Consumer Rights Act 2015) which this clause does not affect.

If payment is late, we may charge interest at 8% per annum above the Bank of England base rate on the overdue amount. If we have to refer overdue debt to a collection agency or take recovery action, we may add our reasonable and actual costs of doing so to what you owe.

15. Retention of title

Legal and beneficial ownership of all goods remains with us until we have received payment in full, in cleared funds, for those goods and any other sums you owe us.

• Until payment is received in full, you must not sell, pledge, or charge the goods as security. If you do, all sums owed by you to us become immediately due and payable.
• If you resell the goods before title has passed to you, you will hold the proceeds of that sale on our behalf, kept separately from other funds.
• We may enter your premises during normal business hours, on reasonable notice, to repossess goods in which we retain title where sums remain unpaid.

16. Liability

Nothing in these terms limits or excludes our liability for:

• death or personal injury caused by our negligence, or that of our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by sections 9–11 of the Consumer Rights Act 2015 (for consumers) or section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 (for business customers);
• defective products under the Consumer Protection Act 1987;
• any other matter for which it would be unlawful for us to exclude or restrict liability.

Subject to the above, and except as set out in Section 6 for consumer cancellations:

• we are not liable for loss of profits, loss of sales or business, loss of contracts, loss of anticipated savings, loss or corruption of data, or other indirect or consequential loss;
• our total liability to you for all other losses arising under or in connection with the contract will not exceed the total price paid under that contract;
• we are not liable for parts, units or equipment not supplied or installed by us;
• we are not liable for failure to perform our obligations where this is due to circumstances beyond our reasonable control (see Section 17).

Where we have been asked to contract with a party you specify in relation to installation of goods (rather than contracting directly with the end user), and we agree to assign our rights of action against that party to you, you agree not to bring a claim against us in connection with that sub-contract.

17. Force majeure

Neither party is liable for any failure or delay in performing their obligations where this results from circumstances beyond that party’s reasonable control, including power failure, industrial action, civil unrest, fire, flood, extreme weather, acts of terrorism or war, pandemic, or government action.

18. Complaints and Alternative Dispute Resolution

If you have a complaint, please contact us using the details in Section 1, and we will do our best to resolve it promptly. If, being a consumer, you remain unhappy once we have completed our internal complaints process, you may refer your complaint to Centre for Effective Dispute Resolution (CEDR), although we are not obliged to use this scheme and using it is entirely your choice.

19. Your statutory rights

Nothing in these terms affects your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 in relation to goods being of satisfactory quality, fit for purpose and as described, and services being performed with reasonable care and skill, within a reasonable time, and for a reasonable price.

20. Data protection, privacy, and marketing

We collect personal data (such as your name, address, email and phone number) to provide our services and administer your contract with us. This is held securely and kept only for as long as necessary, including to meet our legal and tax obligations.

We may contact you from time to time about services or offers we think may interest you, where we are permitted to do so under the UK GDPR and the Privacy and Electronic Communications Regulations. You can opt out of marketing at any time, free of charge, by contacting us using the details in Section 1 or via the unsubscribe link in any marketing message. We do not sell or share your personal data with third parties for their own marketing purposes.

We may take photographs of our work (including installed equipment) for use in our marketing, taking care to avoid including identifiable personal information. If you would prefer photographs of your property are not used, please tell us in writing, and we will not use them.

21. Intellectual property

We own the intellectual property rights in all designs, drawings and specifications we produce, and in photographs we take of our work (including surveys and repairs). These must not be used or shared with other companies without our written consent.

22. Variation of terms

No variation of these terms is valid unless approved and confirmed by us in writing.

23. Governing law and jurisdiction

These terms, and any contract formed under them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute, save that nothing in this clause removes any additional protection you are entitled to under the mandatory consumer protection laws of the country in which you live, if different.