These Terms and Conditions govern the provision of commercial refrigeration services by Kept Cold Ltd (Company No. 14517215), registered at 124 City Road, London EC1V 2NX (the "Company") to the client named in this account application (the "Client"). By submitting this form the Client agrees to be bound by these Terms.
1. Services
1.1 The Company will provide commercial refrigeration repair, maintenance, and related services as agreed on each job instruction or purchase order.
1.2 All work will be carried out by qualified engineers. The Company holds F-Gas certification (Ref 1019992) and is Refcom registered.
1.3 The Company reserves the right to decline any instruction that falls outside its standard operating area within the M25 or outside its area of technical competence.
2. Charges and Pricing
2.1 Charges for call-out, labour, and any applicable rates will be agreed in writing between the Company and the Client prior to or at the commencement of the account relationship. Agreed rates will be confirmed by email and form part of the commercial agreement between the parties.
2.2 Parts and materials are charged at cost plus a handling margin and will be itemised on each invoice.
2.3 Parking charges and Congestion Charge or ULEZ fees are passed on to the Client at cost where applicable.
2.4 All prices are exclusive of VAT. VAT will be applied at the prevailing rate.
3. Payment Terms
3.1 Invoices are issued upon completion of each job or at the end of the calendar month for clients on a consolidated billing arrangement, as agreed at account setup.
3.2 Payment is due within 30 days of the invoice date.
3.3 The Company reserves the right to charge interest on overdue amounts at 8% per annum above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998.
3.4 The Company reserves the right to suspend services to accounts with invoices overdue by more than 14 days, without liability for any loss arising from such suspension.
3.5 Credit accounts are subject to periodic review. The Company may withdraw or reduce credit facilities at any time with reasonable notice.
4. Client Obligations
4.1 The Client shall ensure safe and unobstructed access to the equipment and site at the agreed time.
4.2 The Client shall provide accurate information regarding the equipment, its history, and any known faults or hazards.
4.3 The Client is responsible for obtaining any landlord or building management permissions required before work commences.
4.4 The Client shall not permit any third party to work on equipment that is subject to an ongoing job instruction from the Company without first notifying the Company in writing.
5. Guarantee and Liability
5.1 All parts supplied and fitted by the Company carry a 6-month parts and labour guarantee. This guarantee does not apply where faults arise from misuse, accidental damage, or work carried out by a third party after our attendance.
5.2 The Company's total liability for any single claim shall not exceed the value of the invoice relating to the specific job giving rise to the claim.
5.3 The Company shall not be liable for loss of stock, lost revenue, loss of profit, or any indirect or consequential loss arising from equipment failure or any delay in completing a repair.
5.4 Nothing in these Terms limits the Company's liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
6. Cancellation and Recall Visits
6.1 Jobs cancelled with less than 2 hours notice of the scheduled attendance time may be charged a cancellation fee equivalent to the standard call-out charge.
6.2 Where the same fault recurs within 7 days of the original attendance, the return visit will be treated as a recall and carried out at no additional charge, subject to clause 5.1. Faults recurring after 7 days will be attended as a new job and charged at the applicable agreed rates.
6.3 Recall visits where the fault is found to be unrelated to the original repair will be charged at standard rates.
7. Confidentiality and Data
7.1 Both parties agree to keep confidential any proprietary or commercially sensitive information disclosed during the course of the account relationship.
7.2 The Company will process personal data in accordance with its Privacy Policy and the UK General Data Protection Regulation. Personal data provided in this form will be used solely for the purpose of account administration and service delivery.
8. Governing Law
8.1 These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
8.2 These Terms constitute the entire agreement between the parties in relation to credit account facilities and supersede any prior representations or agreements.