A.F.R.Refrigeration Limited (trading as AFR Refrigeration)
Terms and Conditions of Sale
1. Who we are and how to reach us
1.1 We are A.F.R.Refrigeration Limited, trading as AFR Refrigeration, a company registered in England and Wales under company number 00993748, with our registered office at Unit 5 and 6 Delta Park, Smugglers Way, London SW18 1EG. Our VAT number is GB765970776.
1.2 We operate two trade counters: our London Trade Counter at Unit 5 and 6 Delta Park, Smugglers Way, London SW18 1EG (Monday to Friday, 8am to 5pm), and our West Midlands Trade Counter at Quality House, Fisher Street, Dudley Port, Tipton DY4 8XE (Monday to Friday, 7:30am to 4:30pm).
1.3 In these terms, "we", "us" and "our" mean A.F.R.Refrigeration Limited, the vendor.
1.4 You can contact us by telephone on +44 (0)208 875 1999 between 8am and 5pm Monday to Friday, or by email at contact@afr.co.uk. Clause 27 explains how formal notices are given.
2. Definitions and interpretation
2.1 In these terms:
AFR-Built Goods means Goods designed, assembled, built or modified by us or on our behalf, including bespoke refrigeration packs and units built by our workshop.
Business Day means any day other than a Saturday, Sunday or public holiday in England.
Consumer means an individual acting wholly or mainly outside that individual's trade, business, craft or profession.
Contract means the contract between us (the vendor) and you (the purchaser) for the sale of Goods and, where applicable, the supply of Services, formed in accordance with clause 4. No one other than us and you is a party to the Contract.
Deliverables means the drawings, designs, specifications, calculations, schedules and other documents or materials we produce for you as part of Design Services.
Design Proposal means the written proposal, specification or scope we issue for Design Services or AFR-Built Goods.
Design Services means design, selection, sizing and specification services we agree to provide for a charge or as part of an order for AFR-Built Goods.
F-Gas Legislation means all legislation governing fluorinated greenhouse gases and ozone depleting substances applicable in the place where the Goods are supplied, including in Great Britain assimilated Regulation (EU) 517/2014 and the Fluorinated Greenhouse Gases Regulations 2015, and in Northern Ireland and the European Union Regulation (EU) 2024/573, together with any legislation that amends or replaces any of them and any guidance issued under them by a competent authority. Schedule 2 lists the main instruments.
Force Majeure Event has the meaning given in clause 23.
Goods means the goods, products, equipment, parts, refrigerants and consumables that we, the vendor, agree to supply to you, the purchaser, including AFR-Built Goods.
Manufacturer's Guarantee means a guarantee or warranty given directly by the manufacturer of Goods (other than us) or by our supplier.
Order means your order for Goods or Services, whether placed in writing, by telephone, by email, through our website or in person at one of our trade counters. We do not accept orders through instant-messaging services (including WhatsApp) unless we confirm the order back to you by email.
Services means any services we agree to supply to you, including Design Services, delivery, commissioning, testing and technical support.
Site means the premises to which Goods are to be delivered or at which Services are to be performed.
UK Islands and Highlands means the Scottish Highlands and Islands, the Isle of Wight, the Isle of Man, the Channel Islands, the Isles of Scilly and any other offshore or remote location that our carriers treat as outside their standard mainland network.
you and your mean the person, firm, company or other body that places an Order with us — the purchaser.
2.2 A reference to legislation includes any subordinate legislation made under it and any provision that amends, extends, consolidates or replaces it.
2.3 The words "including", "for example" and "in particular" do not limit what comes before them.
2.4 Clause and Schedule headings are for convenience only and do not affect how these terms are interpreted.
3. Who we sell to
3.1 We are a trade supplier and these terms are written primarily for business customers. By opening a credit or trade account you confirm that you are acting in the course of a business, trade, craft or profession.
3.2 Consumers may buy Goods from us other than: (a) refrigerants and other Goods restricted by the F-Gas Legislation, which we supply only in accordance with clause 18; and (b) capital equipment and other Goods we identify as trade-only, which we supply only to account holders. Where you buy as a Consumer, Schedule 1 applies.
3.3 Where the Goods are refrigerants or equipment containing refrigerants, clause 18 also applies and you should read it before placing your Order.
3.4 Schedule 3 applies to your use of our website and to online accounts.
4. How a contract is formed
4.1 Our quotations, catalogues, price lists, website listings and advertisements are invitations to treat. They are not offers to sell and we can withdraw or correct them at any time before we accept your Order.
4.2 Your Order is an offer to buy from us on the terms set out in this document.
4.3 A Contract comes into existence when we accept your Order. We accept it in whichever of the following happens first:
(a) a member of our team sends you a written acknowledgement of order (an automated website order confirmation acknowledges receipt of your Order only and is not acceptance);
(b) we issue an invoice for the Order;
(c) we hand the Goods to you over a trade counter, together with an invoice or receipt; or
(d) we despatch the Goods to you, or begin to perform the Services.
4.4 We may decline any Order, or any part of an Order, and (except where the law requires otherwise) we do not have to give a reason.
4.5 These terms apply to the Contract to the exclusion of anything else. Any terms you put forward in a purchase order, an acknowledgement, a supplier agreement or elsewhere have no effect, even if we do not object to them and even if they are the last document exchanged, unless expressly accepted by a director of ours in writing.
4.6 We may correct obvious clerical, typographical or pricing errors in a quotation, invoice, acknowledgement or website listing at any time. If we have accepted an Order at a price that is an obvious error, we may cancel the affected part before despatch and refund any payment you have made for it. We will tell you by email promptly if we do either of these things.
4.7 Anyone who places an Order on your behalf is treated as having your authority to do so, and you are responsible for the Order.
5. Quotations and prices
5.1 Unless we say otherwise in writing, a quotation is valid for 30 days from its date and is subject to the Goods remaining available. We may withdraw or shorten the validity of a quotation at any time before you place an Order where a Force Majeure Event, a change in law or regulation (including the availability of HFC quota under the F-Gas Legislation) or a market event outside our reasonable control affects our costs or supply.
5.2 An Order placed against a valid quotation and accepted by us is charged at the quoted price, even if the website or price list shows a different price at that time.
5.3 Our prices exclude VAT. VAT is charged at the rate in force at the tax point.
5.4 Unless we have agreed otherwise in writing, our prices exclude delivery, carriage, packaging, insurance and any duties or levies, all of which we may charge in addition. Delivery charges are set out in clause 11.
5.5 Where you hold a credit account and payment for an Order has not yet been made, we may revise the price of Goods after accepting your Order, but before delivery, to reflect any increase in our costs that is outside our reasonable control. This includes increases in the cost of goods, materials, refrigerants (including costs arising from HFC quota or phase-down restrictions), carriage, labour or energy, the imposition or increase of any tax, duty or levy, and movements in exchange rates. If we do this we will tell you by email before we deliver, and you may cancel the affected part of your Order within 5 Business Days of our notice without charge, provided the Goods are not made or obtained to your special order. This clause does not apply to Orders paid for in full at the time of ordering.
5.6 For Goods made or obtained to your special order, and for AFR-Built Goods, we may require a deposit under clause 7.7, and the price is fixed for the period stated in the Design Proposal or order confirmation.
5.7 Where an Order is below our minimum order value we may apply a small order charge. The current minimum order value and charge are published on our website, and we will tell you about the charge before we accept the Order.
6. Information about the Goods, and suitability
6.1 Illustrations, drawings, dimensions, weights, capacities, performance figures and other technical information in our catalogues, price lists, website and other literature are given as a guide. They are approximate and do not form part of the Contract unless we confirm a specific figure in writing as a contractual requirement. For AFR-Built Goods and Design Services, the duties and performance figures stated as contractual in the Design Proposal are contractual requirements; all other figures remain a guide.
6.2 We may change the specification of Goods where the change does not materially affect their quality or performance, or where the change is needed to meet a legal or regulatory requirement (including substitution of a refrigerant or component to comply with the F-Gas Legislation).
6.3 You are responsible for satisfying yourself that the Goods you order are suitable for your purpose and for the installation in which you intend to use them. You are also responsible for the accuracy and completeness of any specification, drawing, model number, duty or design information you give us.
6.4 Where we give advice on selection, sizing, suitability or performance in connection with an Order, we take reasonable care in doing so, and our liability is as set out in clause 20. That advice is based on the information you give us, and we are not responsible for a recommendation that turns out to be unsuitable because the information we were given was incomplete or inaccurate. General guidance we give without charge and outside the scope of an Order or Design Proposal is given in good faith, but you rely on it at your own risk and, subject to clause 20.1, we accept no liability for it.
6.5 We assume no responsibility for advice, information or documents provided to anyone other than our customer. If your customers or end users contact us directly, anything we tell them is for general information only and does not create any duty or contract between us and them.
6.6 Where Goods are made or obtained to your special order, or built to your specification, you are responsible for checking and approving the specification before we place the order with our supplier or begin manufacture. Once we have done so we are usually unable to change or cancel it, and clause 14 will apply if you ask us to.
6.7 We do not guarantee that Goods supplied on separate Orders will match each other in finish, colour or batch.
7. Design Services, AFR-Built Goods and site work
7.1 This clause applies where we provide Design Services, supply AFR-Built Goods, or perform Services at a Site. The scope of the work is as set out in the Design Proposal or order confirmation; nothing else is included.
7.2 We will perform Design Services and other Services with reasonable skill and care. That is the standard we work to and the full extent of our obligation in respect of the quality of Services.
7.3 Our designs and selections are based on the duties, dimensions, operating conditions and other information you give us. You must check the Design Proposal and confirm in writing that it meets your requirements before we begin manufacture or place orders with suppliers. We are not responsible for a design shortfall caused by incomplete or inaccurate information you provided, or by a change in Site conditions or requirements you did not tell us about in writing.
7.4 Where we attend a Site, our price assumes: (a) safe, unobstructed access at the agreed times; (b) that the Site is ready for our work, including any base, services, power and drainage stated in the Design Proposal; (c) work during our normal working hours on Business Days; and (d) that lifting equipment, scaffolding or access equipment beyond what we have expressly agreed to provide is provided by you. If these assumptions are wrong we may revise the price, and we may charge at our prevailing rates for waiting time, aborted visits and re-attendance.
7.5 Risk in Goods delivered to a Site passes in accordance with clause 12, and you are responsible for insuring and safeguarding Goods stored at a Site, including during phased delivery and installation.
7.6 Where the Design Proposal states acceptance criteria or commissioning tests, the AFR-Built Goods are accepted when those criteria or tests are met, or when you use the Goods in your business other than for testing, whichever is first. You must sign a commissioning or acceptance record when we reasonably ask. Acceptance starts the warranty period in clause 16 where commissioning is later than delivery.
7.7 For Design Services and AFR-Built Goods we may require a deposit and stage payments as set out in the Design Proposal or order confirmation. Deposits are applied against the price. If you cancel, clause 14.2 applies and we may retain from the deposit the amount needed to cover our costs, charges and losses.
7.8 Intellectual property in the Deliverables remains ours in accordance with clause 22. Once you have paid for the Design Services in full, we grant you a non-exclusive licence to use the Deliverables for the specific project for which they were prepared. You must not use them for any other project, reproduce them for third parties, or provide them to another supplier to obtain or build equivalent goods, without our written consent.
7.9 Where our work at a Site is subject to the Construction (Design and Management) Regulations 2015, the duties of each party will be as agreed in writing before work starts; unless we agree otherwise in writing, we are not the principal designer or principal contractor.
7.10 Where we manufacture AFR-Built Goods and place them on the market, we are responsible for their conformity with the product legislation that applies to us as manufacturer, including UKCA or other applicable conformity marking and the Pressure Equipment (Safety) Regulations 2016 (see Schedule 2). Once the Goods are installed and in service, the duties of the user or owner of the system (including under the Pressure Systems Safety Regulations 2000) rest with you or your customer, as clause 19.1 explains.
8. Credit accounts
8.1 Credit is granted at our discretion. To apply for a credit account you must complete our credit application form and give us the information and references we ask for. These terms are incorporated into, and apply to, every account opened using that form.
8.2 You agree that we may make enquiries about you with credit reference agencies, trade references, your bank and, where you are a small business or a sole trader, your directors, partners or proprietors. We may also give information about your account conduct to credit reference agencies. Where you are a limited company, we may require a personal guarantee from one or more directors as a condition of granting or continuing credit.
8.3 We set your credit limit and payment terms and we may review, reduce, suspend or withdraw them at any time. We will tell you by email to your account email address if we do. Where an account has been inactive for 6 months or more we may suspend it.
8.4 You must tell us in writing before there is any change to your name, ownership, registered office, trading address, legal structure or contact details. You remain liable for everything owed to us in respect of Goods and Services supplied before the change, and we may withhold supplies to the new entity until it has completed a credit application and, where we require it, provided a guarantee of the existing account balance.
8.5 If you exceed your credit limit or your account falls overdue, we may withhold further supplies until the position is corrected, and we may review, suspend or terminate your credit facilities. We will tell you by email to your account email address of any such action. This does not affect your obligation to pay for Goods already supplied.
9. Payment
9.1 If you do not have a credit account with us, payment is due in full in cleared funds before we despatch the Goods or release them to you at a trade counter.
9.2 If you have a credit account with us, payment is due in full in cleared funds within 30 days following the date the invoice is issued, unless we have agreed different terms with you in writing. Any extension or variation of payment terms is binding only with the written agreement of one of our directors.
9.3 Time of payment is of the essence of the Contract.
9.4 You must pay in pounds sterling by the method shown on the invoice, and in full, without any deduction, set-off, counterclaim or withholding of any kind, whether in respect of retention, rework, disputed items or anything else. Nothing in this clause prevents you from bringing a separate claim against us, and this clause does not apply where you buy as a Consumer.
9.5 Unless you notify us in writing at the time of making a payment which invoice or invoices the payment relates to, we may apply the payment against your outstanding invoices, starting with the oldest first. We will not apply a payment against an amount which you have reasonably and genuinely disputed where you have notified us of the dispute before making the payment.
9.6 Where you pay by a commercial or corporate credit card we may pass on the card processing charge we incur, and we will tell you the amount before you pay. We may waive this charge at our discretion. We do not surcharge consumer debit or credit cards.
9.7 A claim or dispute about part of an invoice does not entitle you to withhold payment of the rest of it.
10. If you pay late
10.1 If you do not pay us on time then, without affecting any other right or remedy we have:
(a) all sums you owe us on every account become immediately due and payable, whatever terms were previously agreed;
(b) we may charge interest and fixed sum compensation on the overdue amount at the rates provided by the Late Payment of Commercial Debts (Interest) Act 1998 or, where you buy as a Consumer, interest at 4% above the Bank of England base rate, running from the due date until we are paid in full, whether before or after judgment;
(c) we may recover from you our reasonable costs of obtaining payment, including debt collection agency fees, court fees and legal costs, to the extent those costs exceed the fixed sum compensation in clause 10.1(b);
(d) we may suspend all further deliveries and withdraw your credit facilities; and
(e) we may exercise our rights under clause 12.
10.2 We may accept a payment on account, or continue to trade with you while your account is overdue, without giving up any of our rights under this clause.
11. Delivery, shipping and collection
11.1 Unless we agree otherwise in writing, delivery takes place:
(a) where you collect the Goods, when we hand them to you at our trade counter or warehouse;
(b) where we or our carrier deliver the Goods, when the Goods arrive at the delivery address and are made available for unloading.
11.2 Where we deliver. We deliver to addresses in Great Britain. Deliveries to the UK Islands and Highlands may carry additional charges and longer lead times, which we will tell you before we accept your Order (or which are shown at checkout). Some carriers do not serve all of those locations, and some products cannot be sent to them. We do not deliver refrigerants or equipment pre-charged with fluorinated greenhouse gases to Northern Ireland, and we do not deliver to addresses outside the United Kingdom, except in each case by separate written agreement under which you are responsible for compliance with the regulations applying in the destination (see clauses 18 and 26).
11.3 Delivery charges. Delivery charges are shown at checkout or quoted before we accept your Order. Charges for many items are based on weight and dimensions; the weight shown on the product page is used for this purpose and, to reflect our carriers' pricing, chargeable weights are rounded up to the next full kilogram. Restricted goods (including refrigerant cylinders, which travel as dangerous goods under carriage regulations) may attract additional charges and may be limited to specific carriers and services.
11.4 Dates and times. When you place an Order we will estimate despatch and delivery dates based on the availability of the items and the delivery option you choose. Where our website or team offers you a choice of delivery date, that date is the target date we will aim for and plan around; it is not a guaranteed date, and delivery dates and times are otherwise estimates given in good faith. Subject to Schedule 1 (for Consumers), time of delivery is not of the essence, we are not liable for the consequences of a delay in delivery, and a delay does not entitle you to reject the Goods, cancel the Contract or withhold payment. If we become aware that a chosen or estimated date cannot be met, we will tell you as soon as we reasonably can and agree a revised date.
11.5 We may deliver an Order in instalments and in any order. Each instalment is a separate Contract. A delay or failure in one instalment does not entitle you to cancel any other instalment or Order.
11.6 You must give us the instructions, information, access, licences and consents we need in order to deliver. If you do not, delivery is treated as having taken place on the day we would otherwise have delivered.
11.7 You are responsible for making sure that:
(a) there is safe and suitable vehicular access to the delivery point, and that the ground and access route are adequate for a fully laden delivery vehicle;
(b) someone authorised to receive and sign for the Goods is present at the delivery address during the delivery window; and
(c) except where you have selected a tail-lift or crane offload option at checkout or we have agreed one in writing (which constitutes our agreement for the purposes of this clause), you provide the labour and equipment needed to unload the Goods safely and lawfully. If no one is available to unload where customer offload was selected, we may charge for the failed delivery and redelivery.
11.8 Where suitable access is not available, our driver may deliver to the nearest point that in their reasonable opinion can be safely reached. Delivery to that point is delivery for the purposes of these terms.
11.9 Click and collect. Where you order for collection, we will tell you by email when the Goods are ready. We hold collection orders for 10 Business Days from that notice; after that, we may charge reasonable, notified storage costs (not where you buy as a Consumer). The person collecting must give the order number and reasonable proof of identity, and we may refuse to release Goods where we are not satisfied the person is authorised. Risk passes when the Goods are handed over. If Goods you have paid for are not collected within 30 days of our notice, we may cancel the Order and refund the price less (except where you buy as a Consumer) our reasonable storage costs, of which we will have told you.
11.10 If you delay or refuse delivery, or fail to collect Goods when we tell you they are ready (other than prepaid collection orders, which are dealt with under clause 11.9):
(a) risk in the Goods passes to you;
(b) payment becomes immediately due as though delivery had taken place;
(c) we may store the Goods and charge you our reasonable storage, redelivery, handling and insurance costs; and
(d) if the Goods remain uncollected 3 months after we told you they were ready, we may sell or otherwise dispose of them, apply the proceeds against what you owe us including our costs, and account to you for any balance.
11.11 We are not obliged to take back non-chargeable packaging or pallets. Where we charge for pallets, crates or cages, we will credit them in full if they are returned to us carriage paid and in good condition within 14 days of delivery. Refrigerant cylinders are dealt with under clause 18.
12. Risk and ownership
12.1 Risk in the Goods passes to you on delivery or deemed delivery. From that point you are responsible for insuring them.
12.2 Ownership of the Goods does not pass to you until we have received, in cleared funds, payment in full of the price of those Goods and of every other sum you owe us on any account. This applies even though we may have delivered the Goods and risk has passed to you.
12.3 Until ownership passes to you, you must:
(a) hold the Goods as our bailee and store them at your cost;
(b) keep the Goods in satisfactory condition, insured for their full replacement value against all normal risks;
(c) store the Goods so that they remain readily identifiable as ours, and not remove, obscure or alter any identifying mark or packaging; and
(d) tell us immediately, on request, where the Goods are.
12.4 Until ownership passes to you, you must not charge, mortgage, pledge or otherwise encumber the Goods, and you must not part with possession of them except by a sale or installation permitted under clause 12.5.
12.5 You may sell or install the Goods in the ordinary course of your business before ownership passes to you, provided you do so at full market value and as principal and not as our agent. If you do, we may trace the proceeds of sale so far as the law allows, and we may require you to assign to us your rights to recover payment from your customer to the extent needed to discharge what you owe us. You must not assign those rights to anyone else without our written consent.
12.6 Where the Goods are installed in, attached to or incorporated into other goods or land, our ownership continues to the extent the Goods remain identifiable and can be detached or removed without material damage.
12.7 Your right to possess, sell and install the Goods ends immediately, without us needing to give notice, if any of the events in clause 24.1 happens or if you fail to pay us on time. If that happens you must, at your cost, allow us to recover the Goods or deliver them to us on request.
12.8 You grant us and our agents a licence to enter, with or without vehicles, any premises owned or controlled by you where the Goods are or may be stored, in order to inspect the Goods or, where your right to possession has ended, to recover them. Where the Goods are stored, installed or otherwise located at premises owned or controlled by a third party, including a customer's, end user's or installation site's premises, you must use your best efforts to ensure that we are given reasonable access to the Goods for these purposes and must obtain any necessary consent or permission from the relevant occupier or owner. You must not remove, conceal, dispose of, encumber or otherwise deal with the Goods in a manner which prevents or materially obstructs our ability to exercise our rights. Nothing in this clause gives us any right to enter premises belonging to or controlled by a third party without that third party's consent or otherwise than in accordance with applicable law. We will exercise any rights of access at a reasonable time and will make good any physical damage we cause beyond what is reasonably necessary in exercising those rights. This clause does not apply to domestic premises.
12.9 Where we cannot identify which Goods relate to which invoice, you are treated as having sold or used the Goods in the order in which we invoiced them to you.
12.10 We may bring a claim for the price of the Goods even though ownership has not passed to you.
13. Checking your delivery and making a claim
13.1 You must examine the Goods on delivery or collection, before you sign for them where possible, and check them against the delivery note.
13.2 You must notify us within the following periods:
| What has gone wrong | When you must tell us |
| Shortage, or damage that is visible on delivery | Within 3 Business Days of delivery |
| Goods that do not match the Order or the delivery note | Within 3 Business Days of delivery |
| Non-delivery of Goods shown as despatched | Within 7 Business Days of the expected delivery date |
| A defect that was not apparent on delivery | Within 7 Business Days of the date you discover it, or ought reasonably to have discovered it, and in any event within the warranty period in clause 16 |
13.3 Where damage or shortage is visible on delivery, you should also note it on the delivery note or carrier's paperwork before signing. Signing "unchecked" or "unexamined" does not extend the periods in clause 13.2.
13.4 A notice under clause 13.2 must identify the invoice or delivery note number and give enough detail for us to investigate. You may give it by email, or in person at a trade counter, where our staff will log it in writing on your behalf and give you a reference. We will tell you the returns process to follow and, where a return is needed, give you a returns reference.
13.5 We may inspect the Goods, or ask you to send them to us or make them available at Site, before we accept a claim. You must not use, alter, repair or dispose of the Goods after giving notice, other than as we agree, and you must store them safely in the meantime.
13.6 If you do not notify us within the periods in clause 13.2, the Goods are treated as delivered in accordance with the Contract and accepted by you. We are not obliged to provide proof of delivery more than 90 days after the delivery date.
13.7 Where carriage is not included in the price and the Goods are lost or damaged in transit by a carrier you appointed, your claim is against that carrier and not against us.
14. Cancelling an Order
14.1 You cannot cancel an Order once a Contract has been formed unless we agree in writing. If you buy as a Consumer, this clause does not affect your cancellation rights under Schedule 1.
14.2 If we agree to a cancellation, you must reimburse us for all costs, charges and losses we incur as a result, including supplier restocking and cancellation charges, carriage already incurred, design and workshop time on AFR-Built Goods and, where the Goods were made or obtained to your special order, the full price.
14.3 We may cancel or suspend all or part of a Contract at any time before delivery if the Goods become unavailable, if their supply would breach any legal or regulatory requirement (including where we cannot obtain the HFC quota or quota authorisations needed under the F-Gas Legislation), or if clause 24.1 applies. If we do so we will refund any payment you have made for the affected Goods, and that refund is the limit of our liability for the cancellation.
15. Returns and restocking
15.1 This clause applies to Goods that are correctly supplied but no longer wanted. Faulty Goods are dealt with under clause 16. Consumer cancellation rights are dealt with under Schedule 1.
15.2 We accept returns at our discretion. Before returning anything you must obtain a returns reference from us. We may refuse Goods returned without one.
15.3 We will only consider a return where the Goods:
(a) were supplied by us within the previous 6 months, and you can identify the invoice;
(b) are a current stock line that we continue to sell;
(c) are unused, undamaged and in a clean and resaleable condition; and
(d) are in their original, unmarked and unopened packaging, including all accessories, fixings and documentation.
15.4 We do not accept returns of:
(a) Goods made, modified, built or obtained to your special order, including AFR-Built Goods;
(b) refrigerants, gases and cylinders, once supplied, except under clause 18.8;
(c) electrical components, controls and printed circuit boards that have been fitted, wired or energised;
(d) compressors that have been fitted, run or opened to atmosphere, or whose connection stubs are not sealed. Returned compressors must be sealed, packed so that no oil can escape, and returned with any electrical components originally supplied with them; we may refuse parcels showing oil contamination;
(e) Goods that carry a shelf life or expiry date, once opened; and
(f) Goods that have been cut, drilled, brazed, charged or otherwise altered.
15.5 Where we accept a return, we will apply a restocking charge of 20% of the invoice value of the returned Goods, subject to a minimum charge of £25, to cover handling, inspection, repackaging and the cost of returning the Goods to stock. Where our supplier applies a higher restocking or cancellation charge, we will pass on the difference, and we will tell you the amount before you return the Goods.
15.6 You pay the cost and bear the risk of returning the Goods to us. Goods must be packed so as to reach us undamaged. We may reject or reduce credit on Goods that arrive damaged.
15.7 Where you hold a credit account, we issue a credit note once we have received and inspected the Goods; credit notes are valid for 12 months from issue. Where you paid at the time of ordering, we refund to your original payment method within 14 days of receiving and inspecting the Goods.
15.8 Where you return Goods because you ordered the wrong item and you order a replacement, carriage on the replacement is chargeable.
16. Our warranty
16.1 We warrant that, for 12 months from the date of our invoice, the Goods will be free from defects in materials and workmanship and will correspond with their specification at the date we accepted your Order. Our directors reserve the right, at their discretion and in writing, to provide a warranty period longer than 12 months for particular Goods or Orders; any such extended warranty will be subject to the terms and conditions specified by us in writing.
16.2 For AFR-Built Goods, the 12 months runs from the date of our invoice or, where clause 7.6 applies and commissioning is later, from acceptance, up to a maximum of 15 months from invoice. Our warranty on AFR-Built Goods is conditional on the Goods being installed and commissioned by a suitably competent undertaking (holding the certification required by the F-Gas Legislation where applicable), operated within the design conditions in the Design Proposal, and maintained in accordance with our and the component manufacturers' instructions. We may decline a claim where reasonable maintenance records are not produced on request.
16.3 Some manufacturers give a longer guarantee on particular products. Where they do, clause 17 explains how claims under a Manufacturer's Guarantee work. Where we are the manufacturer of the Goods, we will provide any warranty or guarantee expressly stated by us to apply to those Goods and will be responsible for dealing with valid claims made under that warranty or guarantee in accordance with its terms.
16.4 Our warranty is personal to you as the original buyer and is not transferable to anyone else, including your customers or any subsequent owner of the Goods, and may only be claimed against invoices in your name.
16.5 If you make a valid warranty claim, we will at our option repair the Goods, replace the Goods or the defective part, or issue a credit for the price you paid. That is the full extent of what we will do, and it is your only remedy for defective Goods, subject to clauses 17 and 20.1 and, where you buy as a Consumer, Schedule 1.
16.6 To make a warranty claim you must notify us in accordance with clause 13, and you must:
(a) give us the invoice number, the model and serial number of the Goods and a description of the fault and the circumstances in which it arose;
(b) return the Goods to us, at your cost and risk, if we ask you to, packed so as to arrive undamaged and with any warranty label intact; and
(c) give us or the manufacturer a reasonable opportunity to inspect and test the Goods, including at Site if we ask.
16.7 The warranty covers the Goods themselves. Unless the defect was caused by Services we performed, we are not responsible for:
(a) labour, travel or access costs incurred by you or a third party;
(b) the cost of removing the Goods from where they are installed, or making good afterwards;
(c) the cost of installing or commissioning repaired or replacement Goods;
(d) the cost of refrigerant lost or recovered, or of recharging a system;
(e) hire of temporary or replacement plant; or
(f) carriage of the Goods to or from us, which is at your cost in both directions unless we agree otherwise.
16.8 The warranty does not apply where the defect arises from:
(a) fair wear and tear, or the natural deterioration of a consumable or wearing part;
(b) incorrect selection, sizing or application of the Goods (other than by us under Design Services), including use outside the manufacturer's stated operating envelope, or use with a refrigerant, oil or lubricant that the manufacturer has not approved;
(c) incorrect storage, handling, installation, wiring, commissioning, operation or maintenance, other than by us;
(d) failure to follow the manufacturer's instructions or good industry practice, including inadequate system cleanliness, moisture, non-condensable gases, contamination, incorrect superheat or subcooling, or insufficient oil return;
(e) electrical supply faults, including incorrect voltage, phase failure, phase imbalance, surges or lightning;
(f) inadequate or blocked airflow, water flow or drainage, or fouling or scaling of a heat exchanger;
(g) corrosion, frost damage, flood, fire, impact, vandalism, vermin or an aggressive or corrosive atmosphere at Site;
(h) accident, misuse, neglect, wilful damage or negligence, other than ours;
(i) alteration, dismantling, repair or attempted repair without our prior written consent, or the removal or defacing of a serial number or warranty label; or
(j) the acts or omissions of you, your employees, agents or contractors.
16.9 Repairing or replacing Goods or a part does not extend or restart the warranty period. The repaired or replaced item is warranted for the remainder of the original period.
16.10 We deliver repaired or replacement Goods to our premises or, at our option, to the original delivery address.
16.11 We are not obliged to honour a warranty claim while any sum you owe us is overdue.
16.12 Other than as set out in these terms, and to the fullest extent the law allows, all conditions, warranties and other terms implied by statute, common law or custom are excluded from the Contract. The term implied as to title is not excluded, and this clause does not apply where you buy as a Consumer (see Schedule 1).
17. Manufacturers' guarantees
17.1 Some Goods are covered by a Manufacturer's Guarantee, which may be longer than our own warranty. A Manufacturer's Guarantee is additional to, and does not replace or reduce, our warranty during the warranty period that applies under clause 16.
17.2 Where you claim under a Manufacturer's Guarantee, we will acknowledge your claim and, where you ask us to, submit and process it with the manufacturer on your behalf. The decision whether to accept or reject a claim under a Manufacturer's Guarantee, and the remedy given, rests with the manufacturer, and we will treat the manufacturer's decision as final. We are not responsible for the manufacturer's decision, for how long the manufacturer takes, or for the manufacturer's failure to honour its guarantee. Where you ask us to pursue a claim on your behalf and it is rejected, you must reimburse our reasonable costs (this does not apply where you buy as a Consumer).
17.3 We will tell you which Manufacturer's Guarantee applies, and the process for claiming under it, if you ask us before you place your Order or when you report a fault. We will pass on the benefit of any Manufacturer's Guarantee that we are able to assign or transfer, but only to you; any onward transfer by you to your customer is a matter between you, your customer and the manufacturer.
18. Refrigerants, F-gases and pre-charged equipment
18.1 This clause applies where the Goods are, contain or are charged with a fluorinated greenhouse gas or an ozone depleting substance. It applies in addition to the rest of these terms, and it prevails over any other clause to the extent of a conflict.
18.2 We supply refrigerants and pre-charged equipment only where we are permitted to do so under the F-Gas Legislation. We will not supply, and we may refuse or cancel any Order, where we are not satisfied that the requirements of this clause are met, or where we reasonably suspect an attempt to circumvent them. Where we refuse or cancel on this basis we will refund any payment you have made, and that refund is the limit of our liability.
18.3 Before we supply any refrigerant, you must provide us with, and keep current with us, evidence that your business holds a valid F-gas company certificate of the appropriate category and scope, issued by REFCOM or another certification body recognised under the applicable F-Gas Legislation. The evidence must clearly show the certificate number, scope and expiry date. We will not supply refrigerant where the required F-gas company certification has not been provided, has expired, or does not cover the intended use of the refrigerant. We reserve the right to verify the validity and scope of any F-gas certification before supplying refrigerant and at any time during our trading relationship.
18.4 Where you buy through our website, you must record the certificate details required by clause 18.3 on your account before F-gas products can be purchased, and keep them current. We may validate certificate numbers against the issuing body's register, and we may suspend supply without liability where a certificate has expired or cannot be validated.
18.5 Before we supply equipment that is charged with a fluorinated greenhouse gas and is not hermetically sealed, you must give us either the evidence in clause 18.3 or, where you are not the installer, written details (including the certificate number) of the certificated business that will carry out the installation, which we will check. Equipment that is hermetically sealed and labelled as such may be purchased without this evidence, as permitted by the F-Gas Legislation.
18.6 You warrant that:
(a) all information and documentation you give us under this clause is true, current and complete;
(b) you and anyone you supply onward will handle, install, service, decant, transport, label, store and dispose of the Goods in accordance with the F-Gas Legislation, the manufacturer's instructions and good industry practice;
(c) you will not supply refrigerant or non-hermetically sealed pre-charged equipment onward to anyone who is not entitled to receive it under the F-Gas Legislation, you will carry out the same checks and keep the same records that this clause requires of us, and you will impose obligations equivalent to this clause on your own customers;
(d) you will not use, or supply for use, virgin refrigerant with a global warming potential of 2,500 or more to service or refill equipment where the F-Gas Legislation prohibits it; and
(e) you will tell us immediately if a certificate you have given us expires, is suspended or is withdrawn.
18.7 You acknowledge that we are required to keep records of refrigerant sales, including your certificate number and the type and quantity of refrigerant supplied, together with installer evidence given under clause 18.5, and to retain those records for at least 5 years and produce them to the Environment Agency or other relevant regulator on request. You agree that we may keep and disclose those records for that purpose, and you will give us the information we reasonably need in order to do so.
18.8 Refrigerant and gas cylinders are not returnable for credit once supplied, except that we will accept the return of an unopened cylinder within 28 days of invoice, at our discretion, where the seal and label are intact and the cylinder is in a condition our supplier will accept. Clause 15.5 applies to any such return.
18.9 All cylinders we supply are refillable. Where cylinders are supplied on a rental, deposit or exchange basis:
(a) ownership of the cylinder remains with us or with the gas supplier at all times, and only its contents are sold to you;
(b) you must return the cylinder to us in good condition, with its valve, guard and labelling intact, by the date we tell you. We accept the return of our cylinders (including for refilling) in accordance with our published cylinder scheme, which sets out the current deposit and rental rates;
(c) rental or demurrage charges accrue at the published rate until the cylinder is returned;
(d) if a cylinder is not returned, or is returned damaged or unfit for refill, we may charge you its full replacement cost; and
(e) you must not refill, or allow anyone else to refill, our or our supplier's cylinders. Cylinders returned containing recovered refrigerant are accepted only under our waste process, with the documentation we require, and we may charge for handling and disposal.
18.10 You must not vent, release or deliberately discharge refrigerant to atmosphere, and you must not mix refrigerants or decant into an unsuitable, unlabelled or out of test container. When collecting cylinders from a trade counter you are responsible for securing and carrying them lawfully and safely.
18.11 Territory. We supply refrigerants and pre-charged equipment for use in Great Britain only. We do not supply them for delivery to, or with a view to their movement to, Northern Ireland, the European Union or any other territory, except by separate written agreement under which you are responsible for all registry, quota and customs obligations in the destination territory.
18.12 Quota and supply. The supply of HFCs is restricted by quota and phase-down steps under the F-Gas Legislation, and by the corresponding EU regime that applies to many of our suppliers. If quota restrictions, quota costs, allocation failures or related regulatory change affect our ability to obtain Goods or their cost, we may revise prices under clause 5.5, extend lead times, offer a suitable alternative product (such as a lower-GWP equivalent) or cancel the affected Order without liability beyond refunding any payment made for undelivered Goods. For Orders paid in full at the time of ordering, our remedies under this clause are limited to substitution (with your agreement) or cancellation with a full refund of the affected part. Failure or delay of supply caused by quota restrictions is a Force Majeure Event.
18.13 Where Goods are imported, responsibility for import obligations under the F-Gas Legislation (including registration, quota authorisations, declarations of conformity and labelling) rests with the importer of record identified in the applicable contract or order confirmation.
18.14 You indemnify us against all losses, fines, penalties, costs and expenses, including reasonable legal costs, that we incur as a result of your breach of this clause or of any inaccuracy in the information you give us under it.
19. Health, safety, handling and waste
19.1 Refrigeration equipment, refrigerants and pressure systems can be dangerous if handled or installed incorrectly. You must make sure that anyone who handles, installs, commissions, uses, maintains or disposes of the Goods is competent to do so and follows our instructions, the manufacturer's instructions and all applicable health and safety requirements. Schedule 2 lists the main legislation; in particular, once a pressure system is in service, the duties under the Pressure Systems Safety Regulations 2000 (including the written scheme of examination) rest with the user or owner of the system, not with us.
19.2 Safety data sheets and product safety information are available from us on request, and you must pass the relevant information to your employees, contractors and customers.
19.3 Where we or our carriers attend a Site, you must give safe access, tell us about any hazard, and comply with your own duties as occupier or principal contractor.
19.4 You are responsible for the lawful disposal of the Goods, their packaging and any waste arising, including waste refrigerant, waste electrical and electronic equipment, and waste oil, and for holding any authorisation, exemption or permit needed to do so.
19.5 Where we have obligations as a producer or distributor of packaging or of electrical and electronic equipment, we will meet them (including take-back obligations owed to Consumers, details of which are on our website). Where you are the party who places the Goods on the market or who finances their treatment, you will meet yours, and you will give us any information and evidence we reasonably need in order to meet ours.
19.6 You indemnify us against all losses, fines, penalties, costs and expenses we incur as a result of your breach of this clause.
20. Our liability to you
20.1 Nothing in these terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the term implied by section 12 of the Sale of Goods Act 1979 as to title;
(d) defective products under the Consumer Protection Act 1987;
(e) where you buy as a Consumer, your statutory rights under the Consumer Rights Act 2015; or
(f) anything else that cannot lawfully be limited or excluded.
20.2 Subject to clause 20.1, we are not liable to you, whether in contract, tort including negligence, breach of statutory duty, misrepresentation, restitution or otherwise, for any of the following, whether direct or indirect:
(a) loss of profit;
(b) loss of revenue, business, contracts or anticipated savings;
(c) loss of or damage to goodwill or reputation;
(d) loss of, damage to or corruption of data;
(e) loss of use of, or damage to, plant, premises, stock or product, including spoilage or loss of refrigerated stock;
(f) the cost of hiring temporary or replacement equipment;
(g) business interruption, downtime, wasted expenditure or management time;
(h) fines or penalties imposed on you; or
(i) any indirect or consequential loss, however caused.
20.3 Subject to clause 20.1, our total liability to you in connection with each Contract, whether in contract, tort including negligence, breach of statutory duty, misrepresentation, restitution or otherwise, is limited to the price paid or payable for the Goods or Services to which the claim relates.
20.4 We are not liable for any loss or damage caused by, or contributed to by:
(a) inaccurate, incomplete or late information given to us by you;
(b) the selection, design, installation, commissioning or maintenance of the system into which the Goods are incorporated, unless we carried that work out;
(c) your failure to follow our instructions or the manufacturer's instructions; or
(d) a defect in goods, materials or designs that you or your customer supplied or specified.
20.5 The limits in this clause reflect the price of the Goods, the fact that you are better placed than we are to insure against loss arising from the systems into which the Goods are installed, and the fact that you can obtain wider protection by asking us for it in writing. We may be able to agree a higher limit in return for a higher price, if you ask before we accept your Order.
20.6 No claim may be brought against us more than 12 months after the date of the invoice for the Goods or Services concerned, or, where you have notified us of a defect within the periods in clause 13.2, more than 6 months after the date of that notice, whichever is later. This clause does not apply where clause 20.1 applies.
21. Your liability to us
21.1 You indemnify us against all liabilities, losses, costs, claims, demands and expenses, including reasonable legal costs, that we incur as a result of:
(a) your breach of the Contract;
(b) any infringement of a third party's intellectual property rights arising from our making or supplying Goods to a design, specification or drawing you or your customer provided;
(c) any claim against us by your customers, or by any other person to whom you supply or install the Goods, to the extent the claim arises from your acts or omissions or those of your employees, agents, contractors or customers; and
(d) any injury or damage caused at a delivery address or Site by you, your employees, agents, contractors or visitors.
21.2 If a safety issue, recall or regulatory action affects Goods you have bought from us, each of us will promptly tell the other, and you will cooperate with us and the manufacturer, including passing safety information to your customers, tracing affected Goods and following reasonable recall instructions.
22. Confidentiality and intellectual property
22.1 Any design, drawing, specification, schedule, quotation, price file, software, Deliverable or other document or material we produce or provide remains our property, and the intellectual property in it remains ours or our licensors'. Except as licensed under clause 7.8, you may use it only for the purpose for which we gave it to you, and you must not copy it or disclose it to a third party without our written consent.
22.2 Each of us will keep the other's confidential information confidential and use it only for the purposes of the Contract. This does not apply to information that is already public, that is received from a third party without an obligation of confidence, or that we are required to disclose by law or by a regulator.
22.3 Where you provide material to us for the purpose of an Order, you grant us a non-exclusive, royalty-free licence to use, copy and adapt it to the extent needed to perform the Contract, and you confirm that you are entitled to grant that licence.
22.4 You must not remove or alter any trade mark, logo, serial number, label or other marking on the Goods or their packaging, and you must not present the Goods as your own manufacture.
22.5 This clause continues to apply after the Contract ends.
23. Events outside our control (force majeure)
23.1 A "Force Majeure Event" is any event or circumstance outside our reasonable control, including an act of God, extreme weather, flood, fire, explosion, epidemic or pandemic, war, terrorism, civil unrest, cyber attack, strike or other industrial action, the act or omission of a government or regulator, a change in law or regulation, import or export restriction, sanctions, the unavailability or restriction of HFC quota or quota authorisations under the F-Gas Legislation or its EU equivalent, failure of utilities or transport networks, and the failure or delay of a supplier, manufacturer or carrier. We are not liable for any failure or delay in performing our obligations that is caused by a Force Majeure Event.
23.2 If a Force Majeure Event happens we will tell you as soon as we reasonably can. We may then delay delivery, reduce the quantity we supply, offer a suitable alternative product, or allocate available stock between our customers in a way we consider fair.
23.3 If the event continues for more than 3 months, either of us may cancel the affected part of the Contract by written notice, without liability other than our obligation to refund any payment you have made for Goods not delivered.
24. Suspension and termination
24.1 We may suspend supply, withdraw credit, or cancel any Contract or any undelivered part of it, immediately and by written notice, if:
(a) you fail to pay any sum when it is due;
(b) you commit a material breach of the Contract, or a breach of any other contract with us, and fail to put it right within 7 Business Days of our written notice asking you to;
(c) you suspend or cease, or threaten to suspend or cease, to carry on all or a substantial part of your business;
(d) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you enter into a voluntary arrangement, composition or compromise with your creditors;
(e) a petition is presented, a resolution passed, a notice given or an application made for your winding up, administration, bankruptcy or sequestration;
(f) a receiver, administrative receiver, administrator, liquidator, trustee or similar officer is appointed over you or any of your assets, or a person becomes entitled to appoint one;
(g) any distress, execution, sequestration or other process is levied or enforced against your assets;
(h) anything equivalent to the events in (c) to (g) happens to you in any jurisdiction; or
(i) we reasonably believe that any of these events is about to happen, or that your financial position has deteriorated to the point where your ability to perform the Contract is in jeopardy.
24.2 If clause 24.1 applies, all sums you owe us become immediately due and payable, whatever terms were previously agreed, and clause 12.7 takes effect.
24.3 Termination or cancellation does not affect any right, remedy, obligation or liability that has already accrued, and the clauses that are intended to survive termination continue in force.
25. Data protection
25.1 Each of us will comply with the UK General Data Protection Regulation and the Data Protection Act 2018 in connection with the Contract (see Schedule 2).
25.2 We each act as an independent controller in respect of the business contact details and account information we exchange in order to trade with each other. Neither of us is the other's processor for that purpose.
25.3 We process personal data in order to set up and administer accounts, take and fulfil Orders, assess creditworthiness and recover debts, keep the records required by the F-Gas Legislation, meet our other legal obligations, and provide customer and technical support. Our privacy notice, available on our website, explains this in more detail.
25.4 Where you give us personal data about your employees, contractors or customers, you confirm that you are entitled to do so and that you have given them the information they are entitled to receive about our use of it.
26. Anti-bribery, sanctions, export controls and modern slavery
26.1 Each of us will comply with all applicable laws relating to bribery, corruption, money laundering, tax evasion and sanctions, including the Bribery Act 2010, and will not do anything that would cause the other to breach them.
26.2 Neither of us will offer or accept any improper payment or benefit in connection with the Contract.
26.3 Each of us will comply with the Modern Slavery Act 2015 and will take reasonable steps to make sure there is no slavery or human trafficking in our own business or our supply chain.
26.4 You must not export, re-export or supply the Goods in breach of any export control or sanctions regime, and you must not move Goods restricted by the F-Gas Legislation out of Great Britain except as permitted under clause 18.11. Where we ask, you must tell us the end use and final destination of the Goods, and give us any documentation we need in order to comply. We may refuse to supply where we are not satisfied on this point.
26.5 We may terminate any Contract immediately if you breach this clause, and you indemnify us against the losses, costs and penalties we incur as a result.
27. Notices and communications
27.1 A formal notice under the Contract must be in writing and sent by email:
(a) to us, at contact@afr.co.uk, marked for the attention of the directors; and
(b) to you, at the email address held on your account or given with your Order. You must tell us in writing if your contact details change.
27.2 An emailed notice is treated as received when it is sent, if sent before 5pm on a Business Day, and otherwise at 9am on the next Business Day, provided the sender does not receive a delivery-failure message.
27.3 Routine communications under these terms — including invoices, statements, credit notes, account and credit-limit correspondence, price-revision notices, payment reminders, ready-for-collection notices and product notices — will be sent by email to your account email address, and you agree that email is a valid method for all of them.
27.4 This clause does not apply to the service of documents in legal proceedings.
28. General
28.1 Entire agreement. The Contract is the whole agreement between us about its subject matter and replaces anything said or written beforehand. Neither of us relies on any statement, promise or representation that is not set out in the Contract. Nothing in this clause limits liability for fraudulent misrepresentation.
28.2 Variation and director authority. A variation to the Contract or to these terms is only binding if it is in writing and signed by a director of ours. A director may, in writing, agree to vary, waive or extend any of these terms in a specific case (including payment terms under clause 9.2 and warranty periods under clause 16.1) without affecting the application of these terms otherwise. No one other than a director has authority to do so on our behalf.
28.3 Assignment and subcontracting. We may assign, transfer, charge or subcontract any of our rights or obligations under the Contract. You may not do so without our written consent.
28.4 Severability. If any provision of these terms is or becomes invalid, illegal or unenforceable, it is treated as modified to the minimum extent needed to make it valid, or if that is not possible, as deleted. The rest of the terms are unaffected.
28.5 Waiver. A failure or delay by either of us in exercising a right or remedy does not waive it, and does not waive any other right or remedy. Waiving a breach does not waive any later breach.
28.6 No partnership or agency. Nothing in the Contract makes either of us the partner, agent or employee of the other.
28.7 Third party rights. Only you and we may enforce the Contract. No one else has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
28.8 Set-off. We may set off any amount you owe us against any amount we owe you.
28.9 Survival. Clauses 2, 12, 18.6 to 18.14, 19.6, 20, 21, 22, 25, 26 and 28 survive the end of the Contract, together with any other clause that by its nature is intended to.
29. Disputes, governing law and jurisdiction
29.1 The Contract, and any dispute or claim arising out of or in connection with it, including a non-contractual dispute or claim, is governed by the law of England and Wales.
29.2 We each agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, except that a Consumer resident in Scotland or Northern Ireland may bring or defend proceedings in their local courts.
29.3 If a dispute arises, we would both rather sort it out quickly and without lawyers. Either of us may ask for a meeting between people with authority to settle it, and that meeting should take place within 14 days of the request. Neither of us has to attend, and nothing in this clause prevents either of us from starting proceedings or from applying for an injunction at any time.
Schedule 1 — Additional terms for Consumers
S1.1 This Schedule applies where you buy from us as a Consumer. It adds to the rest of these terms and, where it differs from them, this Schedule prevails. Your statutory rights are not affected by anything in these terms.
S1.2 What you can buy. We do not sell refrigerants, other Goods restricted by the F-Gas Legislation, or trade-only capital equipment to Consumers. Everything else on our website is available to you; prices shown to Consumers include VAT.
S1.3 Your right to cancel. Where you buy online, by telephone or by email, you may cancel your order for any reason within 14 days after the day you (or someone you nominate) receive the Goods (or the last instalment, where an order is delivered in parts). To cancel, tell us within that period by email at contact@afr.co.uk, by post, or in person at either trade counter — you can use the cancellation form at the end of this Schedule, but you do not have to. This right does not apply to: (a) Goods made, obtained or configured to your specification or personalised for you; (b) sealed Goods that are not suitable for return for health, safety or hygiene reasons once unsealed; (c) Goods liable to deteriorate or expire rapidly; and (d) Goods that become mixed inseparably with other items after delivery.
S1.4 Returning cancelled Goods. You must send the Goods back to us (to either trade counter address in clause 1.2), or hand them in at a trade counter, without undue delay and in any event within 14 days of telling us you wish to cancel. You pay the direct cost of returning the Goods. You may examine the Goods as you would in a shop, but we may reduce your refund to reflect any reduction in their value caused by handling beyond what is necessary to establish their nature, characteristics and functioning.
S1.5 Refunds. We will refund the price and standard delivery charges (not any premium delivery option you chose above our least expensive method) within 14 days of the day we receive the Goods back or, if earlier, the day you give us evidence of having sent them back. We refund using the payment method you used, at no cost to you.
S1.6 Faulty Goods. The Consumer Rights Act 2015 gives you rights if Goods are faulty, not as described or unfit for purpose, including (in summary) a short-term right to reject within 30 days, repair or replacement, and a price reduction or final rejection where that fails. Nothing in clauses 13, 15, 16 or 20 limits those rights, and the exclusions in clauses 16.12 and 20.2 and the cap in clause 20.3 do not apply to your statutory rights. Clause 16's warranty is in addition to your statutory rights, not instead of them.
S1.7 Delivery. We will deliver within the time we state at checkout or, if none is stated, within 30 days of the order. If we do not, you may set a further reasonable deadline and cancel for a full refund if we miss it.
S1.8 Charges. We do not surcharge consumer debit or credit cards (clause 9.6).
S1.9 Old electricals. Where we are required to offer take-back of waste electrical equipment on a like-for-like basis, details of how to use the scheme are on our website.
S1.10 Complaints. Contact us at contact@afr.co.uk or on +44 (0)208 875 1999 and we will do our best to resolve the issue. Clause 29.2 preserves your right to bring proceedings in your local courts.
S1.11 Model cancellation form. To: A.F.R.Refrigeration Limited (trading as AFR Refrigeration), Unit 5 and 6 Delta Park, Smugglers Way, London SW18 1EG, contact@afr.co.uk. "I hereby give notice that I cancel my contract of sale of the following goods: [description]. Ordered on [date] / received on [date]. Name and address of consumer: [name, address]. Signature (only if this form is notified on paper) and date."
Schedule 2 — Applicable legislation
This Schedule lists the main legislation referred to in these terms, and where the principal duties sit. It is a guide, not legal advice, and legislation changes: the versions in force at the time of supply apply.
| Area | Main instrument(s) | Who principally carries the duty |
| F-gases — Great Britain | Assimilated Regulation (EU) 517/2014; Fluorinated Greenhouse Gases Regulations 2015 (SI 2015/310) | We must check certification before supply and keep 5-year records; you must be appropriately certificated to buy, install and handle F-gas; the importer of record carries quota and reporting duties |
| F-gases — Northern Ireland and EU | Regulation (EU) 2024/573 | Applies to Goods moved to or used in NI/EU; the party moving the Goods (see clauses 18.11 and 26.4) — we do not supply F-gas Goods to NI/EU under standard terms |
| Ozone-depleting substances | Assimilated Regulation (EC) 1005/2009 | Both of us, according to activity |
| Pressure equipment — placing on the market | Pressure Equipment (Safety) Regulations 2016 (PED) | The manufacturer or importer placing the equipment on the market (us, for AFR-Built Goods we place on the market) |
| Pressure systems — in service | Pressure Systems Safety Regulations 2000 (PSSR) | The user/owner of the installed system (you or your customer), including the written scheme of examination |
| Waste electricals | Waste Electrical and Electronic Equipment Regulations 2013 | Producers and distributors for take-back and financing; holders for lawful disposal |
| Packaging | Packaging Waste (Data Reporting etc.) Regulations 2023 and producer responsibility legislation | The producer/packer-filler (us, for packaging we place on the market); you, for packaging you place on the market |
| Data protection | UK GDPR; Data Protection Act 2018 | Each of us as independent controller (clause 25) |
| Late payment | Late Payment of Commercial Debts (Interest) Act 1998 | Business customers who pay late (clause 10) |
| Consumer protection | Consumer Rights Act 2015; Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 | We owe these duties to Consumers (Schedule 1) |
| Health and safety | Health and Safety at Work etc. Act 1974 and regulations under it; Construction (Design and Management) Regulations 2015 for construction work | Each of us for our own undertaking; Site duties per clauses 7 and 19 |
Schedule 3 — Website and online accounts
S3.1 This Schedule applies to your use of our website and to any account you hold with us, and forms part of these terms.
S3.2 Accounts. The information you give us when registering or maintaining an account must be accurate and kept up to date. Trade accounts are available only to those buying in the course of a business, and we may ask for evidence of business status. We may refuse, suspend or close an account at our discretion, and will tell you by email where it is reasonable to do so.
S3.3 Security. You are responsible for keeping your login credentials confidential and for all Orders placed and actions taken under your account until you tell us it may have been compromised. Tell us immediately at contact@afr.co.uk if you suspect unauthorised use.
S3.4 Product gating. Certain products, prices and content — including refrigerants and other Goods restricted by the F-Gas Legislation, capital equipment and trade pricing — are only visible or purchasable to eligible, signed-in account holders. Eligibility for F-gas products depends on the certificate details held on your account under clause 18.4, and we may re-verify eligibility and suspend access at any time without liability.
S3.5 Availability and errors. We aim to keep the website available and accurate, but we do not guarantee that it will be uninterrupted, error-free or up to date, and we may suspend, withdraw or change it without notice. Product information on the website is a guide, as clause 6.1 explains, and pricing errors are dealt with under clause 4.6. Subject to clause 20.1, we are not liable for loss arising from website unavailability or from reliance on website content outside a Contract.
S3.6 Content and documents. The content of the website, including text, images, product data, datasheets and manuals, belongs to us or our licensors. You may view and download it for your own use in connection with Goods you buy or are considering buying, but you must not republish, scrape, copy in bulk or commercially exploit it without our written consent.
S3.7 Restricted document areas. Where we give your account access to restricted technical or manufacturer documentation, that access is personal to your account, may be withdrawn at any time, and the documents must not be shared outside your business or used except in connection with Goods supplied by us. Manufacturers' documents may carry their own licence terms, which you must observe.
S3.8 Acceptable use. You must not misuse the website, including by introducing malicious code, attempting unauthorised access, interfering with its operation, or reselling access to it. Links from our website to third-party sites are provided for convenience and are not endorsements; we are not responsible for their content.
A.F.R.Refrigeration Limited, trading as AFR Refrigeration. Registered in England and Wales, company number 00993748. VAT number GB765970776. Terms and Conditions of Sale, Version 4.0.