Terms

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 (0) 1992 586 666.

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Air Energy Limited a company registered in England and Wales under number 04403261 whose registered office is at Unit 6 Fountain Drive, Mead Lane, Hertford, Hertfordshire, SG13 7UB with email address [email protected]; telephone number +44 (0) 1992 586 666 (the Supplier or us or we).
These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods.
Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order.
Goods means any goods that we supply to you, of the number and description as set out in the Order.
Order means the Customer’s order for the Goods from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation.

Goods

The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.
In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Goods to the Customer.
Any quotation is valid for a maximum period of 30 days from its issue date, unless otherwise agreed in writing or we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Certificates, where required, are chargeable to the customer. Certificates, unless otherwise requested at order stage, will be packed with the goods upon dispatch. It is the customer’s responsibility to advise us at order stage if additional copies of documentation are required, which may incur additional costs.

Price and Payment

The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.
VAT will be stated on the quotation and invoice where applicable at the current rate of VAT at time of order. The VAT rate will be shown on an additional line to the listed products. VAT will not be applicable for orders outside of the United Kingdom.
Payment for Goods must be made at least 14 days in advance of delivery. You must pay in cash, bank transfer or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
The Seller is entitled to adjust without prior notice the price stated to correct errors and omissions in the contract and to take into account of any alteration before the date of delivery in the cost to the Buyer of labour materials sub-contracted services or transport which directly affects the cost to the Buyer of manufacturing or supplying the goods and/or services.
The Seller is entitled to increase the contract price where extra expense is incurred by reason of the delay or the Buyer in giving necessary instructions to the Seller or where work on the goods and/or services is suspended in accordance with the Buyers instructions.
Proforma Invoice pricing is valid for 14 days from date of issue, unless otherwise agreed in writing. Proforma Invoices not paid within the 14 day validity period may be subject to price change after expiration.
Credit account holders are required to pay invoices End of Month plus 30 days from date of issue of the invoice.

Divisibility

The seller may deliver the goods and service by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the contract. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the customer to repudiate or cancel any other contract or instalment.

Delivery

Unless the contract states otherwise, the Buyer shall arrange the collection of any Goods purchased from the Sellers premises within 21 days of being notified the goods are available for collection. Holding fees are chargeable after the 21-day period at a rate of 5% of the order value ex-VAT. Any holding fees accrued are to be paid prior to collection of the goods.
Where the Seller is to arrange delivery to the Buyers premises, or some other place notified by the Buyer then the Buyer shall ensure that the Goods can be conveniently delivered and unloaded at the time and place agreed. The Buyer shall be responsible for receiving and unloading the Goods when delivered.
Where the Customer is collecting from the Supplier, Ex-Works inco-terms will be applied.
Where the Supplier is delivering to the Customer, inco-terms DDU (Delivery Duty Unpaid) will be applied. The Customer is responsible for all import duties, applicable taxes and fees incurred.
Whilst the Seller will use all reasonable endeavours to keep any despatch or delivery date the Seller accepts no liability whatsoever for any loss or damage resulting from delay howsoever the same shall have been caused.
Where the Buyer is collecting the goods ex-works, the buyer is responsible for checking the goods are packaged to standard. Once goods are collected by the Buyer, the Seller is not liable for any damages that may occur from point of collection and during transit. Should images of the packaged goods be required, this is to be requested at order stage for Air Energy to provide. The Seller will not be able to release the goods from the premises unless the Seller’s Sales Order number is provided as reference upon collection.
The Buyer shall notify the Seller in writing within seven days of any delivery or collection of any Goods in the event of there being any shortages or damage and the Buyer undertakes not to utilise part or to otherwise dispose of all or any of the Goods without affording the Seller a reasonable opportunity to inspect the Goods.
The Buyer shall have no claim against the Seller in respect of any shortage, damage or defect unless the requirements of the foregoing clause have been complied with.

Risk and Title

The risk of any loss of or damage to the Goods shall be with the Buyer from the time the same are collected from the Sellers premises or if to be delivered by the Seller from the time the same leave the Sellers premises and in the event of any loss of or damage to Goods after the risk in the same has passed to the Buyer and shall not excuse the Buyer from liability to pay all monies due to the Seller in respect of the Goods.
The obligation to ensure the Goods from the time the risk passes to the Buyer shall be with the Buyer unless otherwise agreed in writing.
The Seller undertakes to provide to the Buyer all such assistance as shall be reasonably requested to enable the Buyer to pursue any claim against carriers or otherwise in relation to loss of or damage suffered by any Goods after the risk has passed to the Buyer.

Withdrawal

In the event the Buyer wishes to cancel the order, the Seller must be notified in writing as soon as possible. Due to the nature of the material sold, time frames for accepting a cancellation is varied across the suppliers, therefore Air Energy cannot guarantee that a cancellation is possible.
If a cancellation is approved, restocking and/or cancellation fees may incur and will be advised at the time of accepting the return. It is the Buyer’s responsibility to cover all transit costs for the returned goods.
The return will only be accepted if the goods are returned in as-new condition in original packaging. Air Energy reserves the right to refuse a return upon unsatisfactory state of the goods when inspected.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.

Force Majeure

The Seller shall not be liable for any loss or damage caused to or sustained by the Buyer arising out of any non-performance or delay in performance by the seller of its obligations under any contract with the Buyer to the extent that the same is occasioned by any cause whatever which is beyond the reasonable control of the Seller including without prejudice to the generality of the foregoing any act of God war civil commotion strikes lock outs trade disputes shortages of materials breakdown of machinery fire accident or explosion and in the event of any such occurrence the Seller shall be entitled to cancel or suspend performance of this contract.
Each of the clauses and each of the sub-clauses of each of the clauses contained in these conditions shall so far as the context allows be read and construed independently of all other clauses and sub clauses so that if one or more of the clauses or sub-clauses contained in these conditions shall be held to be invalid this shall not affect the validity of and enforceability of the remaining clauses and sub-clauses.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found on our website.
For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- ‘GDPR’ means the UK General Data Protection Regulation.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Goods to you.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, please email: [email protected].

Excluding Liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

For any complaints, you can email [email protected]. Air Energy will acknowledge complaints within 1 working day and endeavour to resolve the issue as soon as possible. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.