Terms & Conditions

1. INTERPRETATION

THESE CONDITIONS APPLY TO THE CONTRACT BETWEEN YOU (THE CUSTOMER) AND TOTAL CLEAN AIR LIMITED. PLEASE READ THEM CAREFULLY BEFORE PLACING ANY PURCHASE ORDER WITH US. ANY ORDERS OR CONTRACTS THAT WE FULFIL, AND ANY INSTALLATION CARRIED OUT BY US, ARE SUBJECT TO THESE CONDITIONS.

1.1. Words which appear throughout these Conditions have the following meanings:

“Contract” means the contract between you and us for the Installation, which includes these Conditions, the Quotation and Purchase Order supplied by us to you and the Order Acknowledgement issued by us.

“Conditions” means these terms and conditions as amended from time to time.

“Customer or you” means the business instructing TCA for the Installation.

“Installation” means the supply of the equipment and the work required to install the equipment into the Property or Installation Location as described in the Quotation.

“Installation Location” means the location of the Installation within the Property.

“Property” means the address at which the Installation is to be installed, as specified in the Contract.

“Price” means the final price for the Installation as set out in condition 3.

“Purchase Order” means the order form submitted by you for the Installation based on the Quotation.

“Quotation” means the written quotation issued by TCA setting out the proposed Installation and Price.

“Order Acknowledgement” means our written acceptance of your Purchase Order.

“Total Clean Air Limited, TCA, we, us or our” means Total Clean Air Limited, company number 11516448, whose registered office is Units 1–4 Rockhaven Business Centre, Gravenchon Way, Street, Somerset, BA16 0HW. VAT registration number GB 304 0203 77.

2. QUOTATIONS AND CONTRACT

2.1. A Quotation for the price of the Installation shall be provided and will be subject to confirmation of the quoted cost following a survey of the Property where necessary. The Quotation will become a Contract when you have placed a Purchase Order for the Installation with us and we have confirmed acceptance of your order with an Order Acknowledgement. Any required deposit shall become immediately payable upon formation of the Contract.

2.2. The Quotation provides a reasonable estimate of the price but may not be the final price for the Installation. Please see conditions 2.4 and 2.5.

2.3. The Quotation shall be valid for 30 days from the date of the Quotation.

2.4. The Quotation assumes that the Property is suitable for the Installation requested and that all necessary facilities, services and supplies, including the Property’s earth and the supply of gas, water and electricity, are already supplied or installed to a location within 2 metres of the Installation Location. The Quotation also assumes that these are all in good working order and that the existing structure and facilities are suitable for the Installation.

2.5. If we later discover otherwise, we will tell you what changes or improvements must be made before we can perform the Installation, or complete it if it has already commenced, to ensure proper functionality or performance; what additional equipment or work may be required; and any increase in the Price.

2.6. If you wish to vary the Contract, please contact us immediately. It may not be possible to accept all variations if we have already incurred costs in relation to the Contract. We shall notify you of any change in the Price resulting from the variation.

2.7. We will only carry out Installations in facilities that are deemed safe. This condition relates to any aspect of the Property that we reasonably consider to pose a health and safety risk to any of our operatives for any reason. Any delay caused by a health and safety issue will incur additional charges for standing time at the rates detailed in condition 4.4.

3. PRICE

3.1. The Price of the Installation includes:

I. the cost of equipment, parts, labour, delivery and any other additional costs specified in the Quotation, excluding Value Added Tax at the applicable rate at the date of the Installation; and

II. does not include removing and disposing of any redundant equipment from the Property during the Installation.

3.2. The Price does not include the cost of making good any disturbance, alteration or damage, or any redecoration required to the Property following completion of the Installation, except where expressly included within the Quotation.

3.3. If additional work is necessary during the Installation which could not reasonably have been identified when the survey was carried out, we will provide you with a quotation for that additional work. If you request us to proceed, the cost of the additional equipment or work shall be due from you under the Contract. If you do not request us to proceed, we will use reasonable endeavours to conclude the original Quotation, but we will not be liable for any diminished performance or functionality of the Installation.

3.4. Any equipment installed or to be installed as part of the Installation will remain our property until we have received the Price in full in cleared funds.

4. PAYMENT AND ADDITIONAL CHARGES

4.1. Subject to condition 4.3 or any special terms we have agreed, you agree to pay the Price as detailed in the Quotation.

4.2. Prices are net prices excluding VAT at the rate applicable at the time:

I. a deposit may be requested and become due in advance of works if no information is provided within the Quotation or, where the Price is less than £250, the full Price may become due when you enter into a Contract with us; and

II. the balance of the Price, where applicable, shall be paid on the day of completion of the Installation unless otherwise agreed in writing.

4.3. We reserve the right to request payment of the Price in full at any time prior to completion of the Installation. We shall notify you if this is the case.

4.4. Additional charges:

I. Waiting time. We reserve the right to charge waiting time at £200.00 per hour, per engineer. We allow up to 30 minutes for you to facilitate the start of our work. After this time, we will charge for waiting. This includes time above 30 minutes from our arrival for induction, permits to work or any other delay attributable to you or your associated parties.

II. Day rates. Our standard daily rate is £1,600.00 per day, per engineer, for a standard working day from 08:00 to 17:00. Saturdays are charged at 1.5 times the standard rate and Sundays and bank holidays at 2 times the standard rate. One hour’s lunch break taken within this working period is included.

III. Hired-in plant or access equipment. Unless expressly detailed within our Quotation, we will charge for any access equipment required for the safe or successful Installation or delivery of equipment to site. This will be charged at our cost plus 30%. We will quote this to you before ordering equipment not supplied by you. Additional charges may apply if you fail to provide equipment or agree to us ordering required equipment.

IV. Overnight charges. If your Installation overruns for reasons not caused by us and we agree to extend the Installation period, you will be liable for an additional charge of £250 per engineer, per night, to cover accommodation and subsistence.

V. Overdue invoices will carry statutory interest at 8% above the Bank of England base rate for business-to-business transactions, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5. OUR RESPONSIBILITY

5.1. We shall carry out the Installation in accordance with the Contract and any specifications agreed in writing between TCA and you. We shall exercise reasonable care and skill and make every effort to ensure that the Installation and equipment used will be of satisfactory quality and conform to the terms and specifications set out in our Quotation. Save as set out in these Conditions, all implied terms relating to satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.

5.2. We will:

I. leave any plasterwork or brickwork disturbed during the Installation in a safe, weather-tight and secure condition at the end of our Installation if we have agreed in advance to make good our Installation. If this is not detailed and penetration work is carried out, it will be your responsibility to make good and weather-seal it;

II. take reasonable care to avoid dirtying or causing unnecessary disturbance to the Property and leave the area in which the engineer has been working in a clean, tidy and safe condition; and

III. remove and dispose of equipment or materials that we bring to site, such as wrapping and packaging from equipment supplied in connection with the Installation. We will not dispose of your equipment or remove it from the site.

5.3. When the Installation has been completed, we shall:

I. check that it is operating correctly and set any relevant controls to their optimum settings;

II. provide you with the manufacturer’s instructions for the equipment and instructions on how to operate the controls;

III. complete the Installation certificate or relevant paperwork confirming that the Installation has been carried out in accordance with applicable laws and regulations. It is your responsibility, in addition to the responsibilities in condition 9, to keep the certificates and any record card safely, as they may be requested by us, the manufacturer or a health and safety inspector; and

IV. where applicable, provide any certificates relating to the Installation, including electrical certificates, if we have agreed to undertake that element of the work and the certificate must be provided by law.

6. YOUR RESPONSIBILITY

6.1. Unless otherwise agreed in writing, it is your responsibility to:

I. obtain all permissions and consents, including planning permission, building consent and consent from landlords, local authorities, neighbours or mortgagees, required before we can carry out the Installation;

II. ensure that all facilities, services and supplies needed for proper functionality and performance of the Installation, including the Property’s earth supply and gas, water and electricity supplies, are installed at the Property, in good working order, and that your existing systems are suitable for the Installation, including all associated costs;

III. clear furniture and fittings from any rooms or roof space we need to use, providing safe and clear access for our engineers and subcontractors;

IV. lift any flooring and, for flooring to be provided by us, provide a smooth prepared surface unless its provision is included within the Quotation, before commencement of the Installation;

V. remove physical equipment or items that could restrict our works and, where necessary, install effective barriers to prevent access to the Installation Location that could cause a health and safety risk; and

VI. remove dangerous materials from the Installation Location, including dangerous powders, asbestos or chemicals. If any items are removed, you shall provide a clearance or decontamination certificate to our engineer. Our engineer cannot carry out further work until this is provided. A failure to provide it may cause delay, prevent completion and result in additional charges under conditions 3.3 and 4.4.

6.2. You acknowledge that it may be necessary to disturb, alter or cause damage to the Property and its fixtures and fittings when carrying out the Installation, and that redecoration may be required after completion. You will be responsible for the cost of redecoration and replacing or repairing damage to fixtures, ceiling tiles, fittings, carpets or decorations, other than damage caused by our negligence.

7. ENGINEERS AND SUBCONTRACTORS

7.1. We shall only use engineers and subcontractors to carry out the Installation on our behalf who are suitably and properly qualified to do so.

7.2. Our engineers and subcontractors normally work between 08:00 and 17:00, Monday to Friday. Appointments arranged at your request outside those hours may incur an additional charge. Hours worked at your request outside those hours may be subject to the charges in condition 4.4.

7.3. All engineers and subcontractors will carry identification. On arrival, you may telephone us to confirm an engineer’s or subcontractor’s identity.

8. DELIVERY

8.1. We shall contact you to agree a date to carry out the Installation. If we cannot carry out the Installation on that date, we will contact you to agree an alternative. Time of delivery shall not be a condition of the Contract unless specifically stated. We will not be liable for costs or loss of income that you incur because of a change of date.

8.2. Our engineers will require access to the Property and Installation Location. If we cannot gain access on the agreed date and time, we will charge the rates in condition 4.4. At your request, we may wait and charge in 30-minute intervals or arrange another appointment. Time lost because of you or your agents will be chargeable. Following continued failed attempts to gain access, we may cancel the Contract and charge the full Price. We allow up to 30 minutes’ waiting time after arrival before applying the waiting or standing-time charge in condition 4.4.

8.3. Equipment forming part of the Installation may be delivered to the Property before the Installation or kept there during it. You must arrange to accept delivery and take reasonable and proper care of any equipment delivered to or kept at the Property. Risk and responsibility for goods supplied pass upon delivery to the Property and signed acceptance by you. You must check goods delivered by a carrier and mark the delivery note appropriately.

9. MANUFACTURER’S WARRANTIES

9.1. The Installation may include a manufacturer’s warranty for equipment installed during the Installation. This warranty is provided by and is the responsibility of the manufacturer, and the manufacturer’s terms and conditions apply. It is your responsibility to comply with them. Please refer to the manufacturer for details.

9.2. Where the Installation includes items not manufactured by us, you must register any warranty directly with the manufacturer.

9.3. We shall register Total Clean Air Limited equipment supplied for the purpose of the warranty. To benefit from our warranty, you must:

I. ensure that a service is carried out annually at your cost if the warranty is longer than 12 months, and that the system is maintained in accordance with our instructions. This must be carried out by a TCA-registered engineer; and

II. provide evidence of each annual service by maintaining the logbook or record card, or an appropriate receipt. You may arrange for us to carry out this service by contacting us.

9.4. Our warranty will not cover repairs relating to:

I. faults arising from wilful damage to or misuse of equipment installed as part of the Installation, including allowing a third party to cause such damage or misuse;

II. a defect resulting from fair wear and tear; or

III. accidental damage or breakage, vandalism or damage caused by intruders.

9.5. Our warranty will not be valid if:

I. you fail to fulfil the obligations in condition 9.3, where applicable; or

II. you fail to follow our verbal or written instructions or standards and regulations applicable to the Installation.

9.6. Our warranty will not be valid if alterations, repairs or attempted repairs to any part of the Installation are carried out by an engineer who is not adequately trained or qualified by us to the appropriate trade standards.

9.7. If a fault occurs during the relevant warranty period and is covered by Total Clean Air Limited’s warranty, contact us first on 01737 924 700. We shall make reasonable efforts to resolve the fault.

9.8. Manufacturers’ warranties provided in connection with the Installation are for your benefit only, are not transferable and relate only to the Installation Location where the Installation took place.

9.9. If you have opted for our extended warranty, please refer to our extended-warranty terms for the conditions on which it is provided.

9.10. We do not offer a performance warranty for equipment after works are complete because the system is not under our control after our departure. It is therefore impossible to offer performance certification after testing. This applies to installations by us and to validation by us of equipment installed by others.

10. RIGHT TO CANCEL

10.1. You may cancel your Purchase Order at any time before we acknowledge it in writing and it becomes a binding Contract.

10.2. If you cancel a Contract after the Purchase Order has been acknowledged in writing, you will be required to pay for all work we have carried out. This may include design, preparation, procurement, travel, parts or equipment at the full rates in condition 4.4.

10.3. If you cancel the Contract once the Installation date has been agreed, except where we are in serious breach of our obligations, we shall be entitled to recover all costs incurred, non-refundable commitments and reasonable loss of profit.

10.4. We may cancel the Contract if we cannot carry out, or are prevented from carrying out, the Installation or a substantial part of it because of something that could not reasonably have been identified when the survey was carried out or is beyond our reasonable control, including health and safety or access issues. We shall remain entitled to recover all costs incurred, non-refundable commitments and reasonable loss of profit.

11. EXCLUSIONS AND LIABILITY

THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION.

11.1. We shall not be liable for:

I. failure of or to the Installation, or any part of it, caused by a factor beyond our reasonable control, including variation to your gas or electricity supply or an inadequate water supply;

II. diminished or reduced performance or functionality of any part of the Installation following your decision not to have other parts or equipment installed at the Property after our advice, or resulting from a factor beyond our reasonable control; or

III. failure arising in or from your existing systems following the Installation where it was not caused by our negligence.

11.2. We will not accept liability for losses that:

I. were not reasonably foreseeable to you and us when the Contract was formed;

II. were not caused by any default, negligence, act or omission on our part or that of our employees, engineers or subcontractors;

III. were caused by any default, negligence, act or omission of another party, or by circumstances beyond our reasonable control; or

IV. are special, indirect or consequential losses, including loss of profit, revenue, contracts, goodwill or business interruption.

11.3. Subject to condition 11.4, for claims for loss and damage not covered by our warranties, our total liability to you shall not exceed the Price paid or payable under the Contract.

11.4. These Conditions govern the extent of our liability to you, but do not exclude or limit liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

12. NOTICES

12.1. If you need to give us written notice under these Conditions, send it to Units 1–4 Rockhaven Business Centre, Gravenchon Way, Street, Somerset, BA16 0HW, or by email to info@tca.group. Website Order communications and return requests should be sent as stated in condition 19.26.

13. OUR RIGHT TO ASSIGN AND SUBCONTRACT

13.1. We reserve the right to assign or subcontract any of our obligations under the Contract, including carrying out the Installation, to another provider of similar services, provided that we shall not assign our obligations if doing so would prejudice your rights under the Contract.

14. HEALTH AND SAFETY

14.1. It is your express responsibility to ensure that any area in which we must work, including within our own equipment for service, is free from any chemical or substance that could harm our employees or service engineers.

14.2. It is your responsibility to ensure that equipment is free from dangerous chemicals, powders or substances, that relevant areas are decontaminated, and that you sign confirmation when our engineer arrives at the Property. You must detail what the equipment or area is used for and ensure it is suitably prepared for safe work. Non-compliance or delay resulting from your failure will be charged in addition to any Purchase Order and become due for payment under condition 4.

14.3. It is your responsibility to complete a risk assessment for the area in which TCA employees and subcontractors will work. If our assessment indicates that further personal protective equipment is required, further charges for consumables and additional time may apply under condition 4.4.

15. INTELLECTUAL PROPERTY

15.1. All intellectual property rights, including copyright and design rights, in designs, drawings, schematics, specifications, calculations, plans, reports, technical documents, software or other materials prepared, developed or supplied by Total Clean Air Limited in connection with the Contract shall remain vested in Total Clean Air Limited unless otherwise agreed in writing.

15.2. Upon payment in full of all sums due under the Contract, Total Clean Air Limited grants the Customer a non-exclusive, non-transferable licence to use those documents and materials solely for the operation, maintenance and use of the Installation at the Property.

15.3. The Customer shall not copy, reproduce, distribute, disclose to a third party, modify, reverse engineer or use any such documents or materials for a purpose other than that permitted under condition 15.2 without Total Clean Air Limited’s prior written consent.

15.4. Designs, drawings, schematics, specifications, calculations, plans, reports, technical documents, software or other materials supplied by Total Clean Air Limited remain confidential and shall be returned upon request where reasonably practicable.

15.5. Nothing in the Contract transfers ownership of intellectual property rights from Total Clean Air Limited to the Customer.

16. DATA PROTECTION

16.1. Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with all legislation and regulatory requirements in force from time to time in the UK relating to personal data and the privacy of electronic communications, including:

I. the Data Protection Act 2018 and any successor UK legislation;

II. the UK General Data Protection Regulation (UK GDPR); and

III. the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426), each as amended or replaced.

17. COMPLAINTS PROCEDURE

17.1. We aim to provide a high standard of customer service. If you are not satisfied with any part of the service we have provided, please contact or write to us and we shall do our best to resolve the problem. Complaints concerning a Website Order may be sent to shop@tca.group.

18. GENERAL

18.1. If on any occasion either you or we agree to take no action after the other has failed to comply with these Conditions, that does not mean the same approach will be taken on another occasion.

18.2. We may vary these Conditions at any time. A variation will not apply to a Contract already placed and agreed.

18.3. The Contract constitutes the entire agreement between the parties and supersedes all prior discussions, representations and agreements.

18.4. Following cancellation or termination of the Contract, conditions 4, 9, 11, 12, 15 and 16, and any other provisions intended by their nature to survive cancellation or termination, shall continue in full force and effect.

18.5. If any provision is found invalid or unenforceable, the remainder of the Contract shall remain in force.

18.6. These Conditions and the Contract are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

19. ECOMMERCE WEBSITE SALES

THIS SECTION APPLIES ONLY TO BUSINESS-TO-BUSINESS ORDERS PLACED THROUGH THE DIRECT CHECKOUT ON WWW.CLEANAIRSHOP.COM. IT SUPPLEMENTS CONDITIONS 1 TO 18.

19.1. Application and priority

19.1.1. We sell through the Website only to clients acting wholly or mainly for purposes relating to their trade, business, craft, profession, institution or organisation. We do not accept consumer orders. By creating an account, checking out as a guest or otherwise placing a Direct Website Order, you warrant that you are acting as a business client and that the person acting for you has authority to bind you.

19.1.2. Conditions 1 to 18 continue to apply to a Website Contract, with references to the Installation, Quotation, Purchase Order and Order Acknowledgement read with the necessary changes. If there is a conflict concerning a Direct Website Order, this condition 19 shall take priority only to the extent of that conflict.

19.1.3. A term in your purchase order, procurement portal, supplier-onboarding document, email or other communication does not apply unless an authorised representative of TCA expressly agrees to it in writing.

19.1.4. Your attention is particularly drawn to the exclusions and limits of liability in condition 11, which apply to every Website Contract.

19.2. Definitions for Website Orders

“Business Day” means a day other than Saturday, Sunday or a public holiday in England when banks in London are open for business.

“Delivery Address” means the address for delivery stated in the Direct Website Order and accepted by us.

“Direct Website Order” means an order submitted through the Website checkout for Goods displaying a fixed specification and published price.

“Goods” means the third-party manufactured goods, equipment, consumables, accessories or other physical products identified in a Direct Website Order.

“Order Acknowledgement” means an automated or manual electronic communication confirming that we have received a Direct Website Order or payment request. It is not acceptance of that order.

“Order Acceptance” means our written acceptance of a Direct Website Order, normally given by an express acceptance or dispatch-confirmation email.

“Website” means www.cleanairshop.com and the ecommerce pages operated by Total Clean Air Limited.

“Website Contract” means the contract formed when we issue Order Acceptance for a Direct Website Order.

19.3. Guest checkout, optional company accounts and authority

19.3.1. You may place a Direct Website Order using guest checkout without creating a company account on the Website. You may choose to create a company account for repeat purchases, saved addresses and access to available account features, but an account is not required to order.

19.3.2. Whether you use guest checkout or a company account, you must provide accurate and current information, including your organisation’s legal name and the required contact, billing and delivery details. Company registration and VAT numbers are optional but should be supplied where applicable. You must complete the required confirmations that the purchase is wholly or mainly for business purposes and that the person ordering is authorised to bind the organisation identified at checkout.

19.3.3. If you create a company account, you are responsible for keeping its credentials confidential, limiting access to authorised personnel and notifying us promptly if credentials are lost, disclosed, compromised or used without authority.

19.3.4. A Direct Website Order placed through a company account, or through guest checkout after the required business and authority confirmations have been completed, will be treated as authorised and binding on the organisation identified at checkout. For an account order, this does not apply where you notified us of compromised credentials before the order was placed or to the extent that unauthorised use results from our security failure or negligence.

19.3.5. We may verify business status, organisation details or authority before Order Acceptance. We may reject or suspend an order, or suspend or disable a company account, where information is inaccurate, authority or business status cannot be verified, security is compromised or these Conditions are breached.

19.4. Products and services available through direct checkout

19.4.1. Direct checkout is limited to standard, fixed-specification, published-price Goods manufactured by third parties, including eligible consumables and electrical Goods.

19.4.2. TCA-manufactured products, made-to-order or bespoke products, configured products, installations, assembly, commissioning, training and other services are enquiry and quotation only and cannot be purchased through direct checkout.

19.4.3. Submitting an enquiry or quotation request does not place an order, reserve stock or price, take payment, form a contract or oblige either party to proceed. Any resulting sale follows the Quotation, Purchase Order and Order Acknowledgement process in conditions 1 to 18.

19.5. Website and product information

19.5.1. We take reasonable care when presenting product information. Descriptions, specifications, images, dimensions, compatibility details, availability and performance information may be supplied by manufacturers or other third parties. Images are illustrative and packaging, branding, colour, labelling or appearance may change without affecting function.

19.5.2. Minor manufacturer changes that do not materially affect the Goods’ function or specification do not constitute a breach of the Website Contract. We will not supply a materially different or substitute product without your written agreement.

19.5.3. You must review the applicable manufacturer’s specifications, instructions, safety information, shelf-life and storage requirements before ordering and use. Manufacturer documentation takes priority over general Website content unless we expressly confirm otherwise in writing.

19.6. Online ordering steps, corrections and records

19.6.1. To place a Direct Website Order, you select Goods, add them to the basket, review the basket, choose guest checkout or sign in to or create an optional company account, enter or confirm your organisation, contact, billing and delivery details, review the price and delivery charges, complete the two mandatory unticked business-authority and acceptance-of-terms confirmations, provide payment details and select the final payment or order-submission button.

19.6.2. You can identify and correct input errors using the Website’s edit, basket and checkout functions before submitting the order. After submission, contact shop@tca.group promptly if you identify an error. We are not obliged to amend an order after Order Acceptance.

19.6.3. The contract language is English. These Conditions are available to download or print. We retain the order number, date and time, client identity and version of the Conditions accepted and can provide a copy on reasonable written request, subject to our record-retention policy.

19.6.4. We will acknowledge receipt of a Direct Website Order electronically without undue delay. Electronic communications are treated as received when they become accessible at the email address supplied by you.

19.7. Order formation and rejection

19.7.1. Submitting a Direct Website Order is your offer to purchase the Goods on these Conditions. An Order Acknowledgement, payment confirmation or payment authorisation confirms receipt only and is not Order Acceptance.

19.7.2. A Website Contract is formed only when we send Order Acceptance. We may reject an order before acceptance where Goods are unavailable or discontinued, a manufacturer or supplier cannot fulfil the order, a price or description is wrong, payment fails, business status or authority cannot be verified, fraud or security concerns arise, or delivery, export, sanctions, regulatory or legal concerns prevent fulfilment.

19.7.3. If an order cannot be accepted as submitted, we may reject it or invite you to submit or approve an amended order. We will not substitute Goods without your written agreement.

19.7.4. You may withdraw a Direct Website Order without charge before Order Acceptance by notifying shop@tca.group. After Order Acceptance, conditions 19.17.1 and 19.17.2 apply.

19.7.5. If payment has been taken and we decline the order before Order Acceptance, we will initiate a refund to the original payment method within 5 Business Days. The payment provider or your bank may take additional time to post the refund, which is outside our control.

19.8. Prices, VAT, currency and invoices

19.8.1. Product prices displayed for Direct Website Orders are net prices excluding VAT and are clearly labelled as such. Applicable VAT, delivery charges and the final total will be displayed before you submit the order.

19.8.2. Payment for Direct Website Orders is in pounds sterling. You are responsible for currency-conversion, card-provider, bank or similar charges applied by your own provider.

19.8.3. We may change Website prices at any time before you place an order and correct an obvious pricing, tax, delivery or description error before Order Acceptance. If an error is identified after Order Acceptance, we may cancel the affected order and refund the amount paid or ask whether you wish to proceed at the correct price.

19.8.4. There is no minimum order value and no small-order administration or handling charge. Delivery and any product-specific logistics charges remain payable as displayed at checkout.

19.8.5. A VAT invoice may be issued electronically to the email address supplied for the order or associated with the company account.

19.9. VAT relief and zero-rating requests

19.9.1. Direct Website Orders are charged VAT at the applicable rate. A client seeking zero-rating, exemption or other VAT relief must use the manual enquiry and quotation route before payment, provide all eligibility information and supporting evidence reasonably required by us, and obtain our written approval before ordering.

19.9.2. A declaration or certificate does not automatically establish entitlement. We may refuse to apply a relief unless we are satisfied that the client, Goods, use, funding and supply meet the applicable legal conditions.

19.10. Payment

19.10.1. Direct Website Orders require immediate payment through an approved third-party payment service provider, including where you hold a separate TCA credit account. Credit terms are available only through the manual quotation and approval route.

19.10.2. We may change payment service provider without amending these Conditions. Payment is subject to the provider’s authorisation, authentication, fraud-prevention and security procedures. We may withhold Order Acceptance or dispatch until cleared payment is confirmed.

19.10.3. Payment or payment authorisation does not oblige us to accept the order. Refunds will normally be made to the original payment method.

19.11. Discounts, promotional codes and sale pricing

19.11.1. Unless an offer expressly states otherwise, only one discount or promotional code may be used per order and it cannot be combined with sale pricing, account pricing or another offer.

19.11.2. Offers are subject to their stated dates, eligibility criteria, product scope, stock availability and any additional terms. We may correct or withdraw an offer before Order Acceptance where it was published in error, misused or is no longer available.

19.12. Availability, substitutions and split deliveries

19.12.1. Website availability and stock information are not guaranteed. Goods may become unavailable, discontinued, allocated or delayed after an order is submitted.

19.12.2. We will not supply a substitute product without your written agreement. Minor changes to manufacturer packaging or appearance that do not affect function may proceed without separate approval.

19.12.3. We may deliver an order in instalments or split shipments at no additional delivery charge beyond that accepted at checkout. Delay, shortage or defect affecting one instalment does not automatically entitle you to cancel the remainder.

19.13. Delivery territory and cross-border orders

19.13.1. Direct checkout is available only for accepted Delivery Addresses in England, Wales and Scotland. For remote Great Britain postcodes, direct checkout may be used only where the correct delivery charge is displayed. Otherwise, the order will be referred for quotation before payment.

19.13.2. Orders for Northern Ireland, the Channel Islands, the Isle of Man, the Republic of Ireland or an EU destination are quotation and manual processing only and cannot be completed through direct checkout.

19.13.3. Unless a Quotation states otherwise, delivery to the Republic of Ireland or an EU destination is Delivered at Place to the named destination under DAP Incoterms® 2020. You are the importer of record and are responsible for import clearance, import VAT, customs duties, brokerage, local regulatory charges and other destination-country costs.

19.13.4. We may decline any delivery location where delivery is not commercially, operationally or legally feasible.

19.14. Delivery dates, access and failed delivery

19.14.1. Delivery dates and lead times are estimates only. Time is not of the essence unless an authorised representative of TCA expressly agrees otherwise in writing.

19.14.2. You must provide a complete and accurate Delivery Address, access and delivery instructions, and ensure that an authorised person is available to receive, inspect and safely handle the Goods.

19.14.3. If delivery fails because of an incorrect address, refusal, lack of access, absence, missing information or another matter attributable to you, you shall pay all reasonable additional delivery, return, storage, handling and redelivery costs.

19.14.4. We are not liable for delay caused by carriers, manufacturers, suppliers, customs or regulatory authorities, weather, industrial action, public holidays or events outside our reasonable control, subject to liabilities that cannot lawfully be excluded.

19.15. Risk and title

19.15.1. Risk in the Goods passes to you when they reach the Delivery Address or, for collection arranged by you, when they are handed to you or your carrier, agent or representative.

19.15.2. Title to the Goods remains with us until we have received full payment in cleared funds for the Goods, VAT, delivery charges and all other amounts due under the Website Contract.

19.15.3. Until title passes, you must keep the Goods identifiable as our property, store them safely and in satisfactory condition, and not pledge, charge or otherwise encumber them.

19.16. Inspection, shortages, damage and non-delivery

19.16.1. You must inspect the Goods promptly on delivery. Visible transit damage, shortages or incorrect Goods must be notified in writing to shop@tca.group within 3 Business Days after delivery.

19.16.2. Complete non-delivery must be notified in writing to shop@tca.group within 7 Business Days after the expected delivery date.

19.16.3. You must retain the Goods, packaging, labels, delivery note and relevant evidence and provide photographs, serial or batch numbers and other information reasonably requested to assess the claim.

19.16.4. If you do not notify us within the relevant period, the Goods will be treated as accepted in relation to matters reasonably discoverable on prompt inspection. This does not apply to a latent defect that could not reasonably have been discovered at that time or to a right that cannot lawfully be excluded.

19.17. Cancellation after acceptance and voluntary returns

19.17.1. An accepted Direct Website Order may be cancelled or amended before dispatch only with our written agreement. Unless we waive it because no cost or commitment has been incurred, we may charge 20% of the net product price, subject to a minimum charge of £25 per return consignment.

19.17.2. For standard Goods that are not faulty or incorrectly supplied, you may request a voluntary return within 14 days after delivery. A return requires our prior written authorisation and is not accepted merely because Goods are sent back.

19.17.3. Voluntary returns must be unused, unopened, undamaged, complete, in their original packaging and resaleable, with all manuals, accessories, labels and documentation. You are responsible for suitable packaging, insured return carriage and risk during return transit.

19.17.4. Following inspection, an approved voluntary return will be refunded or credited less a restocking charge equal to 20% of the net product price, subject to a minimum charge of £25 per return consignment. Original delivery charges are not refundable unless the return results from our error or a confirmed defect.

19.18. Goods excluded from voluntary returns and decontamination

19.18.1. Filters, sterile or sealed Goods, personal protective equipment, contamination-sensitive Goods and Goods that cannot safely or commercially be resold are excluded from voluntary returns, even if unopened. Made-to-order, bespoke, configured, calibrated or specially sourced products are also non-returnable unless we agree otherwise in writing.

19.18.2. Any equipment that has been used, opened or exposed to a laboratory, clinical, biological, chemical, hazardous or contamination-risk environment may be returned only with our prior written approval and a satisfactory signed decontamination certificate.

19.18.3. We may refuse, quarantine or safely dispose of Goods that are contaminated, unsafe, unlawfully shipped, inadequately packaged or unsupported by the required certification. You are responsible for reasonable costs arising from an unsafe or improperly documented return.

19.18.4. This condition 19.18 does not remove your rights concerning Goods that are confirmed to be defective or incorrectly supplied.

19.19. Faulty or incorrectly supplied Goods and manufacturer warranties

19.19.1. Contact TCA first at shop@tca.group regarding an alleged defect or incorrect supply. We will assess the claim and, where appropriate, administer the applicable manufacturer warranty or arrange a repair, replacement or refund.

19.19.2. The applicable warranty period is the manufacturer’s stated warranty period. Consumables and disposable Goods are warranted only as to conformity at delivery, stated shelf life and any specific warranty provided by the manufacturer.

19.19.3. You must provide reasonable evidence of the defect and allow us or the manufacturer a reasonable opportunity to examine the Goods. You must stop using Goods after reporting a defect where continued use may be unsafe or cause further damage.

19.19.4. At our option and subject to the manufacturer’s applicable process, the remedy for a confirmed defect may be repair, replacement or refund of the price of the affected Goods.

19.19.5. A warranty does not apply to the extent a failure is caused by fair wear and tear, wilful damage, accident, negligence, misuse, abnormal conditions, improper storage, incorrect installation, failure to follow instructions, unauthorised alteration or repair, or incompatible equipment or services.

19.19.6. We will pay reasonable return and inspection costs where a defect or our supply error is confirmed. You must pay reasonable costs where inspection identifies no defect or the issue results from misuse, damage or another matter for which we are not responsible.

19.20. Suitability, compatibility, electrical installation and use

19.20.1. You are responsible for confirming suitability, compatibility, dimensions, voltage, connections, capacity, operating environment, regulatory requirements and intended use before ordering, unless we expressly confirm suitability in writing based on full and accurate information supplied by you.

19.20.2. Technical assistance or a product suggestion given in good faith does not remove your responsibility to assess the Goods for your application, validation, process or regulated use.

19.20.3. Where electrical Goods are supplied without installation, you must arrange installation, commissioning and testing by a competent or appropriately qualified person wherever required by law, manufacturer instructions or good industry practice.

19.20.4. Improper installation, commissioning, storage, maintenance or use affects a warranty only to the extent it caused or contributed to the relevant failure.

19.21. Safety notices and product recalls

19.21.1. You must cooperate promptly with a safety notice, field correction or product recall concerning the Goods, including stopping use, isolating, retaining or returning Goods, preserving traceability records and notifying affected downstream users where reasonably required.

19.21.2. You must not remove or obscure serial numbers, batch codes, safety labels or other traceability information.

19.22. Export controls, sanctions and onward supply

19.22.1. We may carry out sanctions, export-control, fraud and end-use screening and request information about the client, delivery location, end user, end use and onward supply.

19.22.2. We may reject, suspend or cancel an order where supply may breach applicable sanctions, export controls, product restrictions, manufacturer restrictions or other law, or where requested information is not provided.

19.22.3. You must not export, re-export, transfer, resell or otherwise supply the Goods in breach of applicable law or to a prohibited person, territory or end use.

19.23. Product reviews

19.23.1. Only a verified purchaser linked to a completed order may submit a product review. Reviews must reflect genuine first-hand experience and must not be false, misleading, defamatory, unlawful, abusive, discriminatory, infringing, promotional or unrelated to the Goods.

19.23.2. We may verify, moderate, delay, reject or remove a review where reasonably necessary to address fake or manipulated content, illegality, personal data, conflicts of interest, abuse, duplication or breach of these Conditions. We will not suppress a genuine review merely because it is negative.

19.23.3. We do not offer incentives for reviews. By submitting a review, you grant us a non-exclusive, royalty-free licence to host, reproduce, format and display it in connection with the Website and our business, while you retain ownership of your content.

19.24. Personal data and payment processing

19.24.1. We process personal data connected with guest checkout, company accounts, enquiries, orders, delivery, fraud prevention, reviews and after-sales support in accordance with condition 16 and our Privacy Policy.

19.24.2. An approved payment service provider processes payment information and may apply its own privacy, authentication, security and fraud-prevention terms. We may share order and transaction information with that provider and other service providers where reasonably necessary to process payment, prevent fraud, fulfil the order or comply with law.

19.24.3. Marketing consent is separate from acceptance of these Conditions and is governed by the choices and notices provided on the Website.

19.25. Website availability, suspension and misuse

19.25.1. We may update, suspend or withdraw Website functions, products or accounts. We do not guarantee that the Website will always be available, uninterrupted or error-free. Website unavailability does not create a Contract or liability for an order that has not received Order Acceptance.

19.25.2. You must not misuse the Website, introduce malicious code, attempt unauthorised access, interfere with its operation or use it for an unlawful or fraudulent purpose.

19.26. Website Order contacts and written communications

19.26.1. Questions, order corrections, delivery claims, cancellation or return requests and warranty claims relating to a Direct Website Order must be sent to shop@tca.group.

19.26.2. You may telephone 01737 924 700 initially, but any notice or request subject to a time limit must also be confirmed in writing by email. Formal notices not specific to a Website Order remain subject to condition 12.

19.27. Changes, third-party rights and governing law

19.27.1. The version of these Conditions accepted when you submit the Direct Website Order applies to the resulting Website Contract. A later change applies only to future orders unless required by law or agreed in writing.

19.27.2. No person other than you and TCA shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce a Website Contract.

19.27.3. The governing law and exclusive jurisdiction provisions in condition 18.6 apply to Website Contracts, including cross-border orders.

APPENDIX A. SCHEDULE OF CHANGES

This schedule identifies the editorial and legal-reference corrections made to conditions 1 to 18 and records subsequent amendments to the ecommerce provisions. Condition 19 remains an additional section rather than a replacement for the existing terms.

Clause or area	Correction made
Latest ecommerce update	Updated the Website definition and direct-checkout references to www.cleanairshop.com. Revised conditions 19.1.1, 19.3, 19.6.1, 19.8.5 and 19.24.1 to allow guest checkout while retaining optional company accounts and mandatory business-purpose and authority confirmations. These latest amendments are shaded pale blue in condition 19.
Document control	Left the issue date and version number blank for completion by TCA’s Quality Manager; retained document reference QMS-SAL-POL-002.
1.1	Corrected the Price definition cross-reference from condition 8 to condition 3; standardised defined-term punctuation and inserted the confirmed VAT registration number.
2.1–2.7	Corrected grammar, punctuation and sentence structure. Conditions 2.4 and 2.5 were clarified so the list of matters TCA will notify remains complete without changing meaning.
3.1–3.4	Corrected punctuation and sentence structure; retained the existing exclusions from the Price and retention-of-title position.
4.1–4.4	Standardised the defined term Price, clarified sentence structure and removed the invalid reference to condition 5.4, which does not exist. Existing rates and payment positions were unchanged.
5.1–5.3	Corrected grammar, punctuation and internal references; retained the existing scope of TCA’s responsibilities and permitted exclusions.
6.1–6.2	Corrected grammar and changed ‘Section 3.3 and 4.4’ to ‘conditions 3.3 and 4.4’ for consistency.
7.1–7.3	Corrected hyphenation, grammar and wording without changing working hours, qualifications or charging rights.
8.1–8.3	Corrected grammar, capitalisation and repetition; retained the existing position on estimated dates, access, waiting charges and risk on delivery.
9.1–9.10	Separated the former condition 9.6 into the unauthorised-repair exclusion and the warranty-contact process, then renumbered following provisions. Corrected subject–verb agreement and punctuation; no warranty scope was expanded.
10.1–10.4	Corrected capitalisation, punctuation and sentence structure; retained the existing cancellation-cost and reasonable-loss-of-profit provisions.
11.1–11.4	Corrected grammar and replaced the undefined phrase ‘Contract Value’ with ‘Price paid or payable under the Contract’. Preserved the existing liability cap and mandatory legal carve-outs.
12	Numbered the notices provision as 12.1 and added a cross-reference to the new Website Order contact provision. The existing postal address and info@tca.group notice route were retained.
13	Numbered the existing assignment and subcontracting provision as 13.1 and corrected grammar.
14.1–14.3	Removed duplicated numbering, corrected grammar and standardised references while retaining the existing health-and-safety responsibilities and charging position.
15.1–15.5	Corrected grammar, punctuation and consistency of defined terms without changing ownership or licence rights.
16.1	Updated the description of the UK GDPR to current terminology and added ‘as amended or replaced’ to keep the reference current. No change was made to the parties’ compliance obligations.
17	Numbered the complaints provision as 17.1 and added shop@tca.group as the contact for Website Order complaints.
18.1–18.6	Corrected grammar and clarified that the survival clause applies following cancellation or termination. Governing law and exclusive jurisdiction remain England and Wales.
Throughout	Standardised TCA, Customer, Property, Installation, Price, Contract and other defined terms; corrected spacing, apostrophes, hyphenation and capitalisation; removed duplicated wording and stray punctuation.