| Version | Final 01.08.2026 |
| Date | 01.08.2026 |
| Seller | ACHV Sales Ltd trading as ACHV |
| Company number | 17316715 |
| Registered office | 29 Blackwood Close, West Byfleet, Surrey, KT14 6PP |
| Notices and claims email | info@achv.uk |
Summary
The below table is a summary of key points within our terms and conditions of trade. It is not a replacement of the terms and conditions, please review the full terms and conditions for a complete, in-depth review.
| Topic | Summary |
| Trade-only supply | ACHV sells to business customers only, not consumers. |
| Product suitability | Customer is responsible for product selection, design, installation and compliance.. |
| Payment | Default position is payment before delivery unless a credit account is approved. Credit terms are set at 30 days from invoice where agreed. |
| Delivery | Delivery dates are estimates. Customer must provide safe access and required unloading arrangements. |
| Risk and title | Risk passes on delivery, attempted delivery or collection. Title stays with ACHV until payment in cleared funds. |
| Warranty | ACHV passes through manufacturer warranties where available and does not offer an independent manufacturer-style warranty. |
| Liability | Liability is capped at the price of the relevant Goods, subject to legal exceptions that cannot be excluded. |
1. Purpose and scope
1.1 These Terms and Conditions apply to all sales of Goods by ACHV Sales Ltd trading as ACHV to trade customers.
1.2 ACHV supplies Goods to business customers only. By placing an order, the Customer confirms that it is buying in the course of business and not as a consumer.
1.3 These Terms apply to the exclusion of the Customer’s own terms, unless ACHV agrees otherwise in writing.
1.4 No variation of these Terms will be valid unless agreed in writing by ACHV.
2. Definitions
In these Terms:
ACHV, we, us or our means ACHV Sales Ltd trading as ACHV.
Business Day means a day other than a Saturday, Sunday or public holiday in England.
Contract means the contract between ACHV and the Customer for the sale and purchase of Goods.
Customer, you or your means the business, firm, company, partnership, sole trader or other trade customer buying Goods from ACHV.
Goods means any products, equipment, parts, accessories, materials or other items supplied by ACHV.
Order means an order placed by the Customer for Goods.
Quotation means a written quotation issued by ACHV.
Supplier or Manufacturer means the original manufacturer, brand owner, wholesaler or other supplier from whom ACHV sources the Goods.
3. Trade-only basis and customer responsibility
3.1 ACHV sells to trade customers only.
3.2 The Customer is responsible for ensuring that any Goods purchased are suitable for the Customer’s project, installation, end user, site conditions and intended use.
3.3 Any information, equipment selection assistance, product recommendation, performance estimate, technical comment or application guidance provided by ACHV is given in good faith and for guidance purposes only. Unless ACHV expressly accepts responsibility in writing signed by a director, ACHV does not provide design services and accepts no design responsibility.
3.4 The Customer remains responsible for system design, product selection, installation, commissioning, regulatory compliance and handover to its own customer.
4. Quotations and orders
4.1 A Quotation issued by ACHV is not an offer to sell. It is an invitation for the Customer to place an Order.
4.2 No Contract is formed until ACHV confirms acceptance of the Order in writing, by email, by invoice, or by another written order acknowledgement.
4.3 Unless stated otherwise, a Quotation is valid for 30 days from the date of issue, provided that ACHV may withdraw or revise a Quotation at any time before accepting an Order.
4.4 Prices may change if manufacturer prices, carriage, exchange rates, taxes, duties or other costs change before delivery.
4.5 ACHV may reject any Order at its discretion.
4.6 An accepted Order may not be cancelled by the Customer without ACHV’s written agreement. If ACHV agrees to cancellation, the Customer must pay any reasonable costs, charges, restocking fees or losses incurred by ACHV.
5. Prices, VAT and other charges
5.1 Unless stated otherwise in writing, all prices are exclusive of VAT, delivery, carriage, insurance, duties, taxes, levies and other charges.
5.2 VAT will be charged where applicable at the rate in force at the tax point.
5.3 ACHV may charge separately for delivery, special packaging, timed delivery, redelivery, storage, failed delivery, returns handling or other services requested by the Customer.
5.4 If ACHV incurs additional costs due to the Customer’s instructions, site restrictions, delivery requirements, failed delivery, delayed collection or incorrect information, ACHV may charge those costs to the Customer.
6. Payment
6.1 Unless ACHV has approved a credit account in writing, payment is due in full before delivery or collection.
6.2 If ACHV has approved a credit account, payment is due within 30 days from the date of invoice, unless ACHV agrees different terms in writing.
6.3 Time for payment is of the essence.
6.4 The Customer must pay invoices in full, without set-off, deduction, withholding or counterclaim, except where required by law.
6.5 ACHV may withdraw, reduce, suspend or change any credit facility at any time.
6.6 If the Customer fails to pay any amount when due, ACHV may:
a. suspend further deliveries;
b. cancel or delay outstanding Orders;
c. require payment before delivery on future Orders;
d. charge interest on overdue amounts;
e. recover reasonable debt recovery costs; and
f. refer the debt to solicitors or debt recovery agents.
6.7 Interest on overdue amounts will be charged at the statutory rate available for late payment of commercial debts, unless ACHV states a different lawful rate in writing.
7. Delivery
7.1 Delivery dates are estimates only unless ACHV expressly agrees in writing that time is of the essence.
7.2 ACHV will use reasonable efforts to deliver on or around any estimated delivery date, but ACHV will not be liable for delay caused by manufacturers, suppliers, couriers, shortages, import delays, transport disruption or other matters outside ACHV’s reasonable control.
7.3 ACHV may deliver Goods in instalments. Each instalment may be invoiced separately.
7.4 Delay or failure in one instalment does not entitle the Customer to reject other instalments or cancel the whole Contract.
7.5 The Customer must ensure that the delivery address is accurate, accessible and safe for delivery.
7.6 The Customer is responsible for providing any labour, equipment, access, lifting equipment or site arrangements required to unload and position the Goods, unless ACHV agrees otherwise in writing.
7.7 If the Customer fails to accept delivery, refuses delivery, provides incorrect delivery information, or prevents delivery, ACHV may treat delivery as completed and charge the Customer for storage, redelivery, insurance, administration and any other reasonable costs incurred.
8. Risk and title
8.1 Risk in the Goods passes to the Customer on delivery, attempted delivery, or collection by the Customer or its carrier, whichever occurs first.
8.2 Title to the Goods does not pass to the Customer until ACHV has received payment in full and cleared funds for those Goods and any other amounts owed by the Customer to ACHV.
8.3 Until title passes, the Customer must:
a. hold the Goods as ACHV’s property;
b. store them separately and clearly identify them as ACHV’s property where reasonably possible;
c. keep them in good condition;
d. insure them for their full replacement value; and
e. not pledge, charge or otherwise encumber them.
8.4 The Customer may resell Goods in the ordinary course of business before title passes, unless ACHV gives written notice ending that right.
8.4A Where the Customer resells Goods before title has passed to it, the Customer holds the proceeds of that resale on trust for ACHV up to the amount owed to ACHV for those Goods, and must account to ACHV for those proceeds on request.
8.5 If the Customer fails to pay ACHV when due, becomes insolvent, or ACHV reasonably believes that payment is at risk, ACHV may require the Customer to return unpaid Goods and may enter premises where the Goods are stored to recover them, to the extent permitted by law.
9. Inspection, shortages and damage in transit
9.1 The Customer must inspect Goods on delivery or collection.
9.2 Any visible damage, shortage, incorrect item or delivery discrepancy must be notified to ACHV in writing within 5 Business Days of delivery.
9.3 If Goods invoiced by ACHV are not delivered, the Customer must notify ACHV in writing within 10 days of the invoice date.
9.4 If the Customer does not notify ACHV within the relevant period, the Goods will be treated as accepted, except for defects that could not reasonably have been identified on inspection.
9.5 Where ACHV accepts that Goods have been damaged in transit, short delivered or incorrectly delivered, ACHV’s responsibility will be limited to one or more of the following, at ACHV’s option:
a. replacing the missing or damaged Goods;
b. repairing the Goods;
c. issuing a credit; or
d. refunding the relevant part of the price.
10. Returns
10.1 Goods may not be returned without ACHV’s prior written agreement.
10.2 ACHV may refuse returns for any reason, including where Goods are special order, non-stock, bespoke, installed, used, damaged, incomplete, missing packaging, obsolete, refrigerant-related, electrical components, spare parts, or not in resaleable condition.
10.3 If ACHV agrees to accept a return, the Customer must:
a. obtain a returns authorisation from ACHV before sending Goods back;
b. return the Goods in original, unopened, undamaged and resaleable condition;
c. pay return carriage and insurance; and
d. pay any applicable restocking, administration or manufacturer return charge.
10.4 Goods returned without authorisation may be rejected and returned to the Customer at the Customer’s cost.
10.5 Any credit for returned Goods will be issued only after ACHV or its Supplier has inspected and accepted the Goods.
11. Manufacturer warranties
11.1 ACHV does not manufacture the Goods.
11.2 Where a manufacturer warranty applies, ACHV will use reasonable efforts to pass on the benefit of that warranty to the Customer, subject to the manufacturer’s terms.
11.3 Warranty periods, warranty cover, labour contributions, exclusions and claim procedures are determined by the relevant manufacturer unless ACHV expressly agrees otherwise in writing.
11.4 The Customer is responsible for complying with all manufacturer requirements, including requirements relating to:
a. transport and storage;
b. installation;
c. commissioning;
d. maintenance;
e. service records;
f. use of trained and competent engineers;
g. F-Gas obligations where applicable; and
h. submission of commissioning or warranty documentation.
11.5 A warranty claim may be rejected if the relevant manufacturer rejects it, if the Goods have not been installed or maintained correctly, or if required documents are not provided.
11.6 Unless ACHV agrees otherwise in writing, warranty remedies are limited to the repair, replacement or credit approved by the manufacturer or Supplier.
11.7 ACHV is not liable for labour, access equipment, travel time, loss of refrigerant, consequential losses, loss of profit, loss of business, compensation payable to end users, or other costs arising from a warranty claim, unless ACHV has expressly accepted that liability in writing.
12. Installation, commissioning and compliance
12.1 Unless expressly agreed in writing, ACHV does not install, commission, service or maintain the Goods.
12.2 The Customer is responsible for ensuring that Goods are installed, commissioned, used, serviced, maintained, decommissioned and disposed of safely and lawfully.
12.3 The Customer must ensure that all engineers, contractors and other persons handling the Goods are suitably trained, competent and qualified.
12.4 Where Goods contain or are used with refrigerants, the Customer is responsible for ensuring compliance with all applicable F-Gas, environmental, safety and record-keeping requirements.
12.5 The Customer is responsible for obtaining any licences, permits, consents or approvals required for storage, installation, operation, transport, maintenance, recovery, decommissioning or disposal of the Goods.
12.6 The Customer must indemnify ACHV against all claims, proceedings, losses, damages, costs and expenses arising from the installation, use, modification, incorporation or resale of the Goods by the Customer or any third party, except to the extent caused by ACHV’s negligence, breach of contract or breach of statutory duty.
13. Product information and technical advice
13.1 Product descriptions, dimensions, weights, performance data, drawings, specifications, images, brochures, catalogues and other technical information are provided in good faith but are approximate unless ACHV confirms otherwise in writing.
13.2 Manufacturers may change specifications, availability, prices, models, part numbers or designs without notice.
13.3 ACHV may substitute Goods with equivalent or updated Goods where the original Goods are unavailable, discontinued, superseded or replaced by the manufacturer, provided ACHV reasonably considers the substitute to be materially equivalent and not more expensive unless the Customer agrees otherwise.
13.4 The Customer must check all technical information, suitability and compatibility before placing an Order.
13.5 ACHV does not accept liability for errors in drawings, specifications or information supplied by the Customer or its own customer, contractor, consultant or representative.
13.6 Where ACHV provides equipment selections, indicative schedules, budget proposals, performance calculations, equipment recommendations, application guidance, technical assistance or other support, such information is provided for guidance purposes only and does not constitute design services, engineering services, professional advice or design approval.
13.7 Unless expressly agreed otherwise in writing and signed by a director of ACHV, ACHV does not accept responsibility for the design, performance, suitability, coordination or compliance of any system, installation or project.
13.8 The Customer, and where applicable its consulting engineer, designer, contractor or installer, remains solely responsible for:
a. verifying the suitability of all equipment selections;
b. carrying out all heating, cooling, ventilation, electrical, structural and other design calculations;
c. ensuring compliance with applicable laws, regulations, standards, specifications and project requirements; and
d. confirming that the proposed solution is suitable for the intended application and operating conditions.
13.9 The Customer shall not rely upon any selection, recommendation, drawing, calculation or other information supplied by ACHV as a substitute for its own design checks, verification procedures or professional judgement.
14. Limitation of liability
14.1 Nothing in these Terms limits or excludes liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. breach of title obligations implied by law;
d. defective products where liability cannot be excluded by law; or
e. any other liability that cannot lawfully be limited or excluded.
14.2 Subject to clause 14.1, ACHV will not be liable for:
a. loss of profit;
b. loss of business;
c. loss of revenue;
d. loss of goodwill;
e. loss of opportunity;
f. loss of anticipated savings;
g. loss of use;
h. increased costs;
i. delay damages;
j. compensation payable by the Customer to its own customer;
k. indirect or consequential loss; or
l. any loss arising from installation, commissioning, maintenance, design or site conditions outside ACHV’s control.
14.3 Subject to clause 14.1, ACHV’s total liability arising out of or in connection with any Contract shall not exceed the price paid or payable for the Goods giving rise to the claim.
14.4 ACHV’s prices are set on the basis of the limitations of liability in these Terms.
14.5 Other than as set out in clause 9 (Inspection, shortages and damage in transit), the Customer must bring any claim relating to the Goods or these Terms within 12 months of the date of delivery (or, if longer, the applicable manufacturer warranty period referred to in clause 11). This clause does not affect any liability referred to in clause 14.1.
15. Force majeure and supply issues
15.1 ACHV will not be liable for delay or failure to perform caused by events outside its reasonable control.
15.2 Such events may include supplier delays, manufacturer shortages, transport disruption, strikes, extreme weather, fire, flood, accident, war, terrorism, government action, import or export delays, customs delays, energy interruption, system failures, epidemics, pandemics or other supply chain disruption.
15.3 If an event outside ACHV’s reasonable control delays or prevents performance, ACHV may extend delivery times, allocate available stock fairly, suspend performance, or cancel the affected Contract without liability.
16. Customer default and insolvency
16.1 ACHV may suspend deliveries, cancel Orders, stop Goods in transit, require immediate payment, withdraw credit or terminate a Contract if:
a. the Customer fails to pay any amount when due;
b. the Customer breaches these Terms;
c. the Customer becomes insolvent or appears unable to pay its debts;
d. the Customer enters administration, liquidation, receivership or any similar process;
e. the Customer ceases or threatens to cease trading;
f. ACHV reasonably believes the Customer’s financial position has deteriorated; or
g. the Customer breaches any legal or regulatory obligation relevant to the Goods.
16.2 If ACHV terminates or suspends a Contract under this clause, all unpaid invoices and all amounts owed to ACHV become immediately due and payable.
16.3 ACHV may recover from the Customer all reasonable losses, costs and expenses arising from the Customer’s default.
17. Export, resale and restricted use
17.1 The Customer must comply with all applicable import, export, sanctions, trade control and customs laws.
17.2 The Customer must not export, re-export, supply, transfer or resell Goods in breach of applicable law or to any prohibited country, person or organisation.
17.3 The Customer is responsible for obtaining any export or import license, permit or approval required for the Goods.
17.4 The Customer must indemnify ACHV against losses, claims, fines, costs or liabilities arising from the Customer’s breach of this clause.
18. Anti-bribery, anti-slavery and lawful trading
18.1 The Customer must comply with all applicable laws relating to anti-bribery, anti-corruption, anti-tax evasion, anti-money laundering, sanctions and modern slavery.
18.2 The Customer must not do anything that would cause ACHV to breach any such laws.
18.3 ACHV may terminate any Contract immediately if the Customer breaches this clause.
19. Intellectual property and confidential information
19.1 All intellectual property rights in ACHV’s materials, branding, documents, website content, product information, quotations and business materials remain owned by ACHV or its licensors.
19.2 The Customer must not remove, obscure or alter any manufacturer branding, serial numbers, labels, safety notices, warnings or instructions.
19.3 Any confidential pricing, discounting, product information, technical information or business information supplied by ACHV must not be disclosed to any third party except where required for the Customer’s legitimate use of the Goods or where required by law.
20. Data protection
20.1 ACHV and the Customer will each comply with applicable data protection laws.
20.2 ACHV may process business contact information, account information, order history, payment information and delivery information for the purposes of:
a. managing accounts;
b. processing Orders;
c. delivering Goods;
d. handling warranty claims;
e. recovering debts;
f. carrying out credit checks where applicable; and
g. meeting legal and regulatory obligations.
20.3 ACHV may share relevant information with suppliers, manufacturers, couriers, insurers, credit reference agencies, fraud prevention agencies, professional advisers, debt recovery agents and regulators where reasonably necessary.
20.4 ACHV should publish and maintain a separate privacy notice explaining how it processes personal data.
21. Assignment and subcontracting
21.1 ACHV may assign, subcontract or transfer its rights and obligations under a Contract.
21.2 The Customer may not assign or transfer its rights or obligations without ACHV’s prior written consent.
22. Notices
22.1 Any formal notice under these Terms must be in writing and sent by email, recorded delivery or another agreed written method.
22.2 Notices to ACHV must be sent to the email address notified by ACHV to the Customer from time to time (currently: info@achv.uk).
22.3 Notices to the Customer may be sent to the email, trading address or registered office address provided by the Customer.
22.4 Email notices will be treated as received on the next Business Day after sending, unless the sender receives a bounce-back or failed delivery message.
23. General legal provisions
23.1 If any part of these Terms is found to be invalid or unenforceable, the rest will remain in force.
23.2 A delay or failure by ACHV to enforce any right does not prevent ACHV from enforcing that right later.
23.3 A person who is not a party to the Contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
23.4 These Terms and the relevant Order form the entire agreement between ACHV and the Customer for the Goods.
23.5 These Terms are governed by English law.
23.6 The courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or any Contract.
Customer acceptance wording
Wording for account application forms, quotations, online checkout and order acknowledgements:
| By placing an order with ACHV Sales Ltd trading as ACHV, you confirm that you are buying as a business customer and agree that ACHV’s Terms and Conditions of Trade apply to the exclusion of any other terms, unless ACHV agrees otherwise in writing. |