Terms & Conditions
Privacy & TERMS
1. GENERAL
These Conditions and the other terms of this Agreement shall not be varied, added to, or waived except by agreement in writing, signed on behalf of the Company by a Director. If during the currency of this Agreement its terms are varied, then subject to the express terms of such variations, the terms and conditions of this Agreement shall continue to apply as if such variations were incorporated in this Agreement.
2. PRICE
Unless otherwise stated in the Company’s quotation all prices are strictly net and in GBP.
- The price contained in the Company’s quotation is based upon the costs to the Company of labour, materials and transport at the date of such quotation and in the event of an increase in such cost caused by any reason, the Company shall be entitled to vary its prices accordingly whether or not such increase was foreseeable by the Company.
- Where the price includes installation, it is based upon free and uninterrupted access to and possession of fully prepared working areas being made available to the Company during normal working hours. In the event that such access and possession are not made available or that the working areas are not duly prepared to the Company’s requirements for immediate installation of the goods, without prejudice to any other right which the Company may have the Company shall at its sole discretion be entitled to vary the price accordingly.
3. PAYMENT
Our terms of payment are strictly 30 days.
- In the event of increase in the cost of labour, materials or overhead expenses in carrying out the Company’s obligations under this Agreement, or in the event of the imposition of new taxes or the revising of existing taxes the Company shall be entitled to make an increase in the Annual Charge payable hereunder (whether or not such charge has been paid in advance) such increase to come into effect on the day appointed by the Company where upon the amount of such increase as applies to the un-expired balance of any period in respect of which any Annual Charge has been paid in advance shall become immediately due and payable.
- The Subscriber shall obtain and pay the cost of any telephone line or connection required for operating any supplied system.
- The Company shall be entitled to charge interest on any overdue payments outstanding from time to time at a rate of 3% above minimum lending rate or its equivalent but this shall not alter any other of the Company’s rights in the event of failure to effect timely payments.
- Property rights of the goods shall not pass to the Customer until the same have been paid for, or in the case of the Company accepting tender of a cheque bill of exchange or promissory note, until the same has been honored.
4. DELIVERY
While you access our website, we will collect your data automatically, by the following means:
- Any dates stated or agreed by the Company for delivery, dispatch or completion either in its quotation or by any other means are not of the essence of any contract, either as to supply, or as to installation. Such dates are given by way of general information only and in the event that delivery, dispatch or completion is not made for any reason whatsoever at the dates so stated the Company shall not be liable for any loss or damage whatsoever sustained by the Customer.
- In the event that the Customer does not take delivery of the goods forthwith upon being notified by the Customer that manufacture has been completed, the Company shall be entitled to charge and recover reasonable storage rates which shall be added to the price stated in the Company’s quotation and shall be paid in accordance with Clause 3 of these terms.
- Unless otherwise stated in the Company’s quotation the cost of delivery from the Company’s works to the place for delivery stated in such quotation is included in the price but it shall be the responsibility of the Customer entirely at his own cost and at his own risk, to unload. Where the price includes installation, it shall further be the responsibility of the Customer at his own cost to provide adequate dry and secure storage of the goods pending and during such installation. All risks in the goods shall pass to the Customer upon completion of unloading, at which time a delivery note will usually be handed to the Customer or his representative or left with the goods.
- In any event, and without prejudice to the foregoing, any claims relating to missing or damaged goods which ought to be revealed by a reasonably diligent examination, shall be notified in writing to the Company and to any carrier involved within 3 days of the receipt of any of the goods or part thereof by the Customer his servants or agents, and in default of such notification any such claim shall be absolutely barred. In the case of goods not arriving, where proof of posting was obtained and can be produced as proof, and where goods were correctly addressed and posted, no liability shall be accepted by the Company.
5. PERFORMANCE GUARANTEE AND LIABILITY
Products manufactured or supplied by the Company are not designed manufactured or adapted for use in adverse industrial atmosphere or abnormal operating conditions of any kind.
- The company accepts no liability for any losses incurred by any failure of the system to operate or malfunction.
- The Company shall not be liable to the customer for any loss or damage howsoever suffered by the Customer in connection with the installation, use, functioning or state of the goods, in connection with anything done or omitted to be done by the Company, its servant or agents at the site nominated by the Customer, except in so far as such loss or damage is due to the negligence on the part of the Company, its servants or agents in the performance of or in relation to the contract and under no circumstances shall the Company accept any liability for indirect and consequential loss howsoever arising.
6. IMPOSSIBILTY OF PERFORMANCE
The Company shall be entitled by written notice to the Customer to cancel any contract between the Company and the Customer should the Company be hindered or prevented by any cause beyond its reasonable control from performing the same, including a cause which renders performance commercially difficult or expensive. The Company shall be entitled to Sub-contract to assign without consent all or any of its obligations hereunder.
7. SUB-CONTRACTING
The Company shall be entitled to sub contract or assign without consent all or any of its obligations here under.
8. RESALE
The company reserves the right at its sole discretion to accept or refuse any order placed by the Customer on the basis of quotations issued, and in that event the order is refused the Company shall be under no liability whatsoever.
The Company may without incurring further liability terminate the Contract by written notice, if in its reasonable opinion
9. TERMINATION AND CANCELLATION
The company reserves the right at its sole discretion to accept or refuse any order placed by the Customer on the basis of quotations issued, and in that event the order is refused the Company shall be under no liability whatsoever.
The Company may without incurring further liability terminate the Contract by written notice, if in its reasonable opinion
- If the Subscriber is in arrears makes default in payment of any sum due hereunder or commits any other breach of this Agreement
- If the Subscriber becomes insolvent or has a receiver or manager appointed of its undertaking or assets or any part thereof or makes any arrangements with or for the benefits of its creditors or being a body corporate goes into liquidation otherwise than for the purpose of reconstruction or amalgamation.
- The provisions of this Condition shall be without prejudice to the Company’s right to recover any sum due under this Agreement or to any other claim, which the Company may have under this Agreement, or any other agreement.
- If the Subscriber desires to terminate this Agreement before the expiry of the minimum period hereof, then he shall pay the Company by way of liquidated damages the sum equivalent to the balance due (if any) of the total sum(s), or sum(s) agreed with a Company Director, but without prejudice to any of the company’s subsisting rights under this Agreement. The Company shall not be under any obligation to refund of any sum(s) paid in advance in respect of any period subsequent to the minimum period.
10. LIABILITY
Absolute liability is not part of our contract with you. In view of this, we must strongly recommend that all risks, which would usually be covered by the Site’s insurers, continue to be borne by them –it is not part of our job to be any replacement for insurance. If you are in any doubt about this or its effect may we suggest you contact your insurers. The Company shall not be liable to the customer for any loss or damage howsoever suffered by the Customer in connection with the installation, use, functioning or state of the goods, in connection with anything done or omitted to be done by the Company, its servant or agents at the site nominated by the Customer, except in so far as such loss or damage is due to the negligence on the part of the Company, its servants or agents in the performance of or in relation to the contract and under no circumstances shall the Company accept any liability for indirect and consequential loss howsoever arising.
11. CONFIDENTIALITY
The Subscriber shall treat all information obtained under this Agreement as confidential and shall not without prior written consent of the Company disclose details of the System or how it works except for the purposes of effecting insurance.
12. NOTICES
The Company at its registered office or in the case of the Subscriber at its registered office any notice shall be deemed to be served two days after the date of posting and in providing such service it shall be sufficient to show that the letter containing the same was properly addressed and posted.
13. FORCE MAJEURE
Neither party shall be liable to the other by reason of its failure to perform any of its obligations under this Agreement if such failure is due to or results from breakdown of plant of apparatus, fire, explosion, accident, strike, lock out or any other event or cause beyond its control.
14. ALTERATIONS
If additional equipment is installed then the Sum(s) payable by the Subscriber to the Company hereunder shall be appropriately increased.
15. ACCESS
The Subscriber shall permit the Company’s servants or agents access to the Subscriber’s premises at all reasonable times for the purpose of inspecting testing adjusting repairing and the Subscriber shall move any materials and other objects obstructing access to the System or any part thereof.
16. SUBSCRIBER RESPONSIBILITY
- The Subscriber shall be responsible for maintaining in good condition any structures on which parts of the system may be mounted The Company may make a charge for attending to the System as a consequence of such supporting structures not having been maintained in such condition.
- The Subscriber shall also be responsible for maintaining the mains electrical wiring; all ground loops and all inter connecting cabling including all communication cables.
- All software license (s) are the sole responsibly of the subscriber. (Unless they are specifically contained within the contract).
17. OBSOLETE EQUIPMENT
The Company will always endeavor to repair, however where equipment is/becomes obsolete, we reserve the right to delete this from any contract renewal that may be offered. On a fully comprehensive contract we will only be liable to repair/ replace the specific part.
18. CONGESTION CHARGES
The Company reserves the right to pass on any congestion charges, toll, or fuel levies should they come into force during the period of the contract.
19. DELAYS
If for any reason the Subscriber his employees servants or agents customers or any other third parties through their conduct delay or impede the Company or its sub-contractors in the performance of their obligations hereunder whether by any act or default or omission the Company may charge the Subscriber in respect of any loss damages costs charges expenses or fees which may be incurred by the Company as a result of such conduct.