JOEAIR LTD

TERMS AND CONDITIONS OF TRADE

(Consumer & Commercial Installation and Servicing Contracts)

These Terms and Conditions govern all heating, ventilation, air conditioning and heat-pump installation, servicing and repair contracts undertaken by JoeAir Ltd (“JoeAir”, “we”, “us”, “our”). They apply together with the specific written quotation issued to you (“the Quotation”). By accepting the Quotation — in writing, by email, by text message or WhatsApp, by signature, or by asking us to start work — you (“the Client”) agree to be bound by these Terms in full.

IMPORTANT — BASIS OF QUOTATION

Your Quotation is a fixed price based on the specific installation method agreed at the site visit or survey, including the intended pipe route, the planned mounting position and height of the indoor and outdoor units, and the electrical scope described in the Quotation. Any change to this agreed route, position, method or scope is a Variation of Work under clause 3, and may increase the price and/or time required. Any such change, and any resulting price adjustment, will always be discussed and agreed with you — by text message, WhatsApp or email — before work continues on that part of the installation.

1. Definitions and Contract Formation

1.1 Contractor: “JoeAir Ltd”, company number 17313696, registered office 132a High Street, Bromsgrove, B61 8ES. “Client” means the person, firm or company named on the Quotation who requests the works.

1.2 Formation of contract: A binding contract is formed when the Client gives explicit acceptance of a written Quotation — by email, text message, WhatsApp, or signed document — or when JoeAir starts work at the Client's explicit request. Where the Quotation itself sets out a specific method of acceptance (for example, a reply email confirming acceptance, or a signed acceptance page), that method satisfies this clause.

1.3 Order of precedence: If the Quotation and these Terms conflict on a matter the Quotation expressly addresses (for example, the price, the equipment specified, or the payment schedule), the Quotation takes precedence for that matter. These Terms govern everything else.

2. Quotations, Pricing and VAT

2.1 Validity: All quotations are valid for the period stated on the Quotation, or 30 days from the date of issue if no period is stated.

2.2 Basis of price: The price quoted assumes straightforward installation conditions based on a visual site survey. Structural, mechanical or logistical conditions discovered once work is under way are dealt with under clause 3 (Variations of Work).

2.3 VAT: Permanently fixed air source heat pumps installed in residential accommodation — including reversible “air-to-air” systems that provide both heating and cooling — currently qualify for the 0% VAT rate for energy-saving materials under HMRC VAT Notice 708/6. This 0% rate is a temporary measure, currently scheduled to run only until 31 March 2027. What happens after that date is not yet fixed — government guidance at the time of writing envisages a return to a 5% reduced rate, but this could change, including by the relief being extended, altered, or withdrawn before 31 March 2027 itself. JoeAir will always apply whichever VAT treatment is legally correct under HMRC rules in force at the time of invoicing, which may differ from the rate shown on an earlier quotation. If HMRC later determines that a different rate applied, the Client agrees that any VAT properly due becomes payable in addition to the price shown.

2.4 Commercial VAT: Where the installation is for commercial premises, VAT is charged at the standard rate on the full equipment and installation price, as stated on the Quotation.

3. Variations of Work

3.1 What is a Variation: Any change to the pipe route, mounting position or height, or installation method agreed at the site visit is a “Variation of Work” — for example, running pipework through a different cavity, wall or room than agreed, or fitting a unit at a significantly different height or position. This applies even where the length of pipe or quantity of materials used is not significantly greater, because such changes typically increase the labour and access time required.

3.2 Pipework tolerance: Where the Quotation records an estimated pipework run length, a tolerance of up to 2 metres of additional length applies before this affects the price. A shorter actual run does not trigger a Variation of Work. Any length beyond the 2-metre tolerance is a Variation of Work under this clause.

3.3 Agreement of variations: All variations, including Client-requested additions or unforeseen structural remedies, will be documented and priced transparently, and will proceed only after written agreement from the Client (including confirmation by text message or email).

4. Electrical Supply — Scope and Client Responsibility

4.1 Scope boundary: JoeAir does not undertake primary domestic or commercial electrical installation work. Our installation scope covers the HVAC equipment and interconnecting wiring strictly up to the local weatherproof isolator. By law, the structural electrical connection from the property's consumer unit/main circuit to that isolator must be installed, tested and certified by a competent, Part P-registered electrician in accordance with BS 7671 IET Wiring Regulations.

4.2 Client's responsibility: The Client is responsible for arranging a competent, Part P-registered electrician to install the required dedicated supply circuit (terminating at the outdoor unit location) prior to JoeAir's scheduled arrival, including supplying and mounting the local weatherproof rotary isolator(s) at the amperage rating stated on the Quotation. Where JoeAir offers to help source an electrician, this is offered as a courtesy only; JoeAir cannot provide an electrical quotation on that electrician's behalf, and the Client is encouraged to arrange their own electrician where possible to avoid scheduling delays.

4.3 Installation day contingency and Practical Completion: If the Client's electrical infrastructure is not ready on the day of installation, JoeAir may proceed with the full physical installation. JoeAir will supply and mount an isolator strictly to terminate our interconnecting cables, and will use a temporary power supply to pressure test, F-Gas commission and sign off the system. This successful temporary commissioning constitutes ‘Practical Completion’, and the final invoice balance becomes immediately due, regardless of whether the Client's electrician has yet made the permanent connection. JoeAir will ask the Client (or their representative) to confirm in writing — by signature on our completion form, or by return text message or email — that the system has been successfully commissioned, as evidence of Practical Completion.

4.4 Electrician's testing: To allow the Client's electrician to safely carry out dead testing (including insulation resistance testing) without risk to the installed equipment's electronic components, JoeAir will leave the incoming supply cable disconnected at the wall-mounted isolator until the Client's electrician has completed all necessary testing in accordance with BS 7671. The Client's electrician must subsequently make the final permanent connection into the provided isolator.

4.5 Exclusion of liability: JoeAir accepts no liability for defects, load deficiencies or installation faults within the property's primary electrical supply, nor for damage to the installed equipment caused by testing or connections carried out by the Client's electrician or any other third party.

5. Site Access, Parking and Site Conditions

5.1 Access: The Client must ensure clear, unobstructed access to the property and all work zones so JoeAir's engineers can safely carry and manoeuvre tools, plant equipment and materials.

5.2 Parking: It is the Client's responsibility to notify JoeAir of any local parking restrictions, required visitor permits, or parking bay suspensions at the time of booking. JoeAir will confirm agreed access and parking arrangements with the Client no later than 48 hours before the scheduled installation date. JoeAir will absorb standard pay-and-display costs but will not park illegally. If adequate legal parking cannot be secured within a reasonable distance of the property, JoeAir reserves the right to abort the installation.

5.3 Aborted-installation fee: If an installation is aborted on the day due to the Client's failure to provide promised visitor permits or to disclose severe parking restrictions, the Client will be liable for a fixed fee of £200 per engineer, to cover lost engineering time and travel costs. This reflects a reasonable pre-estimate of JoeAir's actual costs, based on a standard subcontracted engineering rate of £350 per day (plus mileage for sites more than 30 miles from Worcester), and is not intended as a penalty.

5.4 Structural assumptions: Quotations are issued on the assumption that the property's existing structural fabric (walls, lintels, roof trusses, joists) is stable, sound, and capable of safely load-bearing the specified equipment. JoeAir excludes the costs of discovering, moving or rectifying unforeseen structural defects, rot, timber failures, or hidden hazardous materials (including asbestos) uncovered during core drilling or installation.

5.5 Cosmetic making good: JoeAir's engineers take reasonable care during installation, but JoeAir is not liable for minor cosmetic damage necessarily incurred during drilling or fixing (for example, minor plaster cracks, lifted wallpaper, or paintwork touch-ups near pipe paths). Making good cosmetic decoration remains the Client's responsibility.

5.6 Acoustic emissions: All mechanical HVAC plant produces some noise and mild vibration, which varies with manufacturer tolerances, mounting surfaces, ambient conditions and load. JoeAir will advise on unit positioning to reduce acoustic impact, but does not guarantee specific decibel outputs and accepts no liability for operational noise complaints once the unit is installed and positioned as agreed.

5.7 Servicing pre-existing equipment: Where JoeAir services, maintains or repairs equipment not originally installed by JoeAir, the Client acknowledges that equipment may already be affected by age, wear, corrosion or prior faults. JoeAir accepts no liability for components that fail during otherwise careful handling, testing or servicing due to their pre-existing condition, except where this results from JoeAir's negligence or lack of reasonable skill and care. Where JoeAir identifies a specific, elevated risk before starting work, we will inform the Client and may ask for written acknowledgment before proceeding.

6. Planning Permission and Statutory Consents

6.1 Client's responsibility: While many air conditioning and air source heat pump installations fall under UK Permitted Development rights, exceptions apply based on property type, unit volume, acoustic limits and location (for example, listed buildings or conservation areas). It is the Client's responsibility to verify their property's eligibility via the Government's Planning Portal, or to secure formal planning permission, before the scheduled installation date. JoeAir accepts no liability for project delays, local authority enforcement, or fines arising from the Client's failure to obtain necessary consents.

7. Construction (Design and Management) Regulations 2015

7.1 General: Installation work carried out under this contract is “construction work” for the purposes of the Construction (Design and Management) Regulations 2015 (CDM 2015). JoeAir carries out its own duties as a contractor under CDM 2015, including managing health and safety risks arising from the work.

7.2 Domestic clients: Where the Client is a domestic client (having the work done on their own home, not as part of a business), the Client's duties as “client” under CDM 2015 pass automatically to JoeAir as the contractor, in accordance with regulation 7 of CDM 2015, unless JoeAir and the Client agree in writing that a principal designer will carry out those duties instead. Where more than one contractor is expected to work on the project at the same time (for example, JoeAir and an independent electrician on site together), different duties may apply and will be discussed with the Client in advance.

8. Payment Terms and Deposits

8.1 Deposit: A deposit — as stated on the Quotation (typically 50% of the total quoted project value) — is required upon the Client's formal acceptance of the Quotation, to secure equipment orders and the installation date. JoeAir will not order equipment or confirm a site date until the deposit has cleared in full.

8.2 Cooling-off period and early commencement: Where the Client is a consumer entering this contract other than face-to-face on JoeAir's own trade premises (for example, following a home site visit, or by email, text message or WhatsApp), the deposit remains refundable during the 14-day statutory cooling-off period described in the Statutory Notice of Right to Cancel at the end of these Terms, unless the Client has expressly requested that work begin, or equipment be ordered, during that period — in which case JoeAir may retain an amount proportionate to the costs and losses already incurred. The Quotation sets out how the Client can make this express request. Outside the cooling-off period, or where the Client is a commercial entity, the deposit is non-refundable.

8.3 Final balance: The remaining balance is due in full on the day of practical completion and commissioning of the system on site (see clause 4.3 for what counts as Practical Completion where electrical works are incomplete).

8.4 Late payment and warranties: Failure to settle the final balance on the day of completion will result in the immediate suspension of manufacturer warranty registration and JoeAir's own workmanship guarantee until cleared funds are received.

8.5 Commercial late payment: For commercial (B2B) contracts, JoeAir reserves the statutory right to claim interest and compensation for debt recovery under the Late Payment of Commercial Debts (Interest) Act 1998. Interest accrues daily at 8% per annum above the Bank of England base rate, calculated from the due date until the invoice is settled in full.

9. Retention of Title

9.1 Ownership: All plant, machinery, heat pumps, air conditioning units, pipework and materials delivered to the property remain the legal property of JoeAir until the final invoice balance has been settled in full via cleared funds.

9.2 Risk: Risk in the physical equipment passes to the Client immediately upon delivery to site. The Client must ensure delivered materials and plant are securely stored, protected and insured against damage or theft.

10. Warranties and Guarantees

10.1 Workmanship: JoeAir provides a 12-month guarantee on all physical installation workmanship (for example, bracket mounting, pipe flaring, trunking). This is in addition to, and does not affect, the Client's statutory rights under the Consumer Rights Act 2015.

10.2 Manufacturer warranty — annual service: Manufacturer warranties are strictly contingent on the equipment being serviced annually by an F-Gas certified technician. This is a manufacturer requirement, not a JoeAir policy. Warranty documentation is submitted and validated once the final invoice is paid in full.

10.3 Misuse: The manufacturer warranty and JoeAir's workmanship guarantee are voided if the equipment is misused, abused, or operated outside the manufacturer's specified parameters. This is not limited to any one scenario — examples include (without limitation): using an undersized single-zone unit to try to condition an entire property; running the system continuously outside the manufacturer's rated temperature, humidity or voltage range; connecting the unit to an electrical supply that does not meet the specification given at installation; physically obstructing air intake or outlet grilles; opening, modifying or attempting to repair the unit's internal components without manufacturer or F-Gas certified authorisation; continuing to operate the system after becoming aware of a fault likely to cause damage if left unaddressed; and any servicing, repair or refrigerant work carried out by anyone other than an F-Gas certified engineer.

10.4 Filter cleaning: Regular cleaning of the indoor unit filters is the customer's responsibility, as stated in the manufacturer's user manual. A breakdown caused by uncleaned filters or user negligence is chargeable at JoeAir's standard engineering rates.

10.5 Alternative-brand installations: Where the Client asks JoeAir to source and install equipment outside JoeAir's primary recommended range (currently Mitsubishi Electric, Daikin, Panasonic and Midea) — for example, Worcester Bosch, Toshiba, LG or Samsung — the 12-month workmanship guarantee at clause 10.1 still applies, but JoeAir does not provide free callout support, labour coverage, or management of internal equipment failures for that equipment. Any product defect on alternative-brand equipment must be handled directly through the manufacturer's own warranty.

11. F-Gas Compliance and Environmental

11.1 Certification: JoeAir is a REFCOM F-Gas registered business. All refrigerant handling, installation, leak-checking and decommissioning is carried out by F-Gas certified personnel in accordance with the UK Fluorinated Greenhouse Gases Regulations.

11.2 Records: JoeAir keeps records of the type and quantity of refrigerant installed, added or recovered on each system, as required by F-Gas record-keeping rules, and will provide a commissioning record to the Client on completion.

11.3 Old equipment (WEEE): Where JoeAir removes an old air conditioning or heating unit as part of the works, it will be disposed of in accordance with the Waste Electrical and Electronic Equipment (WEEE) Regulations, via an authorised waste carrier.

12. Limitation of Liability

12.1 No limit on death, injury or fraud: Nothing in these Terms limits JoeAir's liability for death or personal injury caused by its negligence, or for fraud, which cannot legally be excluded.

12.2 Exclusion of indirect loss: Subject to clause 12.1, JoeAir is not liable to the Client, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for loss of profit, loss of business, or any indirect or consequential loss arising under or in connection with the contract.

12.3 Cap on liability: Subject to clause 12.1, JoeAir's total liability to the Client for all other losses arising under or in connection with the contract shall not exceed the total price paid by the Client for the specific equipment and installation works giving rise to the claim.

12.4 Insurance: JoeAir carries Public Liability Insurance covering accidental third-party physical property damage, with cover currently at £5,000,000. Confirmation of current cover is available on request.

13. Smart Technology and Cyber Liability

13.1 Wi-Fi and apps: Where units are fitted with Wi-Fi modules for remote control via manufacturer apps (for example, MELCloud), JoeAir ensures the physical hardware is correctly installed. Downloading apps, creating accounts, and pairing the unit to the Client's home Wi-Fi is the Client's responsibility; JoeAir does not provide IT support, router configuration or smartphone troubleshooting.

13.2 No liability for connectivity or cybersecurity: JoeAir is not responsible for Wi-Fi signal dropouts, router/ISP changes, or manufacturer server outages, and accepts no liability for the cybersecurity of the Client's home network, or for viruses, malware or digital breaches arising from connecting smart-enabled HVAC devices to the internet.

14. Force Majeure and Equipment Availability

14.1 Force majeure: JoeAir is not liable for delay or failure to perform its obligations where this results from events outside its reasonable control, including severe weather, supply chain failures, strikes, or equipment shortages.

14.2 Lead times: Equipment availability and lead times can fluctuate with global supply conditions. JoeAir will confirm the most accurate lead times with its suppliers on receipt of the deposit. Estimated installation dates are given in good faith but are subject to final equipment delivery.

15. Data Protection (UK GDPR)

15.1 Processing: Client data is processed in accordance with UK GDPR, for the purposes of fulfilling this contract, processing payments, and registering manufacturer warranties. JoeAir does not sell Client data to third parties, and keeps it only as long as necessary for these purposes and to meet JoeAir's legal and accounting obligations.

15.2 Full details: Full details of how JoeAir collects, uses, stores and protects Client data — including retention periods and how to exercise data protection rights — are set out in JoeAir's Privacy Policy, published at www.joeair.co.uk/privacy-policy, and are also available on request by emailing info@joeair.co.uk. Clients may complain to the Information Commissioner's Office (ico.org.uk) if concerned about how their data is handled.

16. Complaints and Alternative Dispute Resolution

16.1 Complaints: If the Client is unhappy with any aspect of the works, they should raise it directly with JoeAir in the first instance, by phone, email, text or WhatsApp, so JoeAir can try to resolve it.

16.2 ADR: If JoeAir is unable to resolve a complaint directly with a consumer Client, JoeAir will, on request, provide the name and website of a relevant Alternative Dispute Resolution (ADR) provider, in accordance with the Alternative Dispute Resolution for Consumer Disputes Regulations 2015. JoeAir is not currently a member of an approved ADR scheme, and is not obliged to use such a scheme's process; providing this information is a legal requirement once a complaint cannot be resolved directly, and does not by itself commit JoeAir to that scheme's procedure.

17. Communications and Notices

17.1 Valid channels: Email, text message and WhatsApp to the numbers and addresses on JoeAir's Quotation and website are valid channels for accepting a Quotation, agreeing a Variation of Work, giving notice under these Terms, or exercising the right to cancel, unless a specific clause says otherwise.

18. General

18.1 Entire agreement: These Terms, together with the Quotation, form the entire agreement between JoeAir and the Client for the works, and supersede any prior discussion, quotation or representation not repeated in these documents.

18.2 Severability: If any clause of these Terms is found unenforceable, the remaining clauses continue in full force.

18.3 Assignment: The Client may not assign or transfer the benefit of this contract without JoeAir's written consent. JoeAir may subcontract elements of the work (for example, to a certified electrician) while remaining responsible for the contract as a whole.

18.4 No waiver: A failure by either party to enforce any term is not a waiver of the right to enforce it later.

19. Jurisdiction

19.1 Governing law: These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.

STATUTORY NOTICE OF RIGHT TO CANCEL

Your right to cancel (distance and off-premises contracts)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer and this contract was agreed away from JoeAir's trade premises — for example following a home visit, or by email, telephone, text message or WhatsApp — you have the right to cancel this contract within 14 days without giving any reason. The cancellation period expires 14 days from the day you accept the Quotation.

Early commencement during the cancellation period

JoeAir will not order equipment or begin work during the 14-day period unless you expressly ask us to. Your Quotation sets out how to make that request (for example, by confirming in your acceptance email or signature that you wish work to begin before the 14 days expire). If you make that request and later cancel within the 14-day period, you must pay an amount proportionate to the work carried out and materials used or ordered up to the point you told us you were cancelling.

Refunds

If you cancel within the 14-day period (and did not request early commencement, or cancel before any work/ordering proportionate to your payment has taken place), JoeAir will reimburse all payments received within 14 days of being told of your decision to cancel, using the same means of payment as your original payment.

Commercial (B2B) clients

The 14-day cooling-off period applies only to consumers. For commercial clients: if a commercial Client cancels after bespoke equipment has been ordered, the Client is liable for any manufacturer restocking fees, handling charges and return transit costs; and any commercial installation cancelled or rescheduled with less than 48 hours' written notice will incur a fixed fee covering allocated labour and lost engineering time.

How to cancel

To cancel, tell us clearly — by email, text or WhatsApp to the details below. You may copy the statement below:

To: JoeAir Ltd, 132a High Street, Bromsgrove, B61 8ES. Email: info@joeair.co.uk. Telephone: 07584 420541

I/We hereby give notice that I/we cancel my/our contract for the installation of HVAC equipment.

Ordered on (date quote accepted): ....................................

Name of Consumer(s): ....................................

Address of Consumer(s): ....................................

Signature of Consumer(s) (only if this form is given on paper): ....................................

Date: ....................................

JoeAir Ltd — Company No. 17313696 — Registered Office: 132a High Street, Bromsgrove, B61 8ES — www.joeair.co.uk