ENVIRO SEWAGE TREATMENT SERVICES
‘Terms and Conditions’ forming the ‘Contract for Service(s)’
Between the ‘Customer’ and the ‘Company’
These ‘Terms and Conditions’ explain the points as contained within this ‘Agreement’ known as the ‘Contract for Service(s)’, ‘Agreement(s)’ and or ‘Document(s)’ of the ‘Company’ and its ‘Contractual Obligations’ and is entered into voluntarily by the ‘Parties’ and supersedes all previous agreements and understandings and cannot be modified except by notification in writing signed, dated and agreed by the authorised ‘Representative(s)’ of all the ‘Parties’ concerned. The ‘Term(s)’ contained outline conditions present between the ‘Parties’ as interpreted strictly for the existence of a legally binding ‘Contract for Service(s)’; deemed as offer, acceptance, agreement and performance to fulfil a ‘Contract for Service(s)’ as defined within the UK Law. The ‘Contract for Service(s)’ is made between Enviro Sewage Treatment Services/ E.S.T.S. (the ‘Company’) and the ‘CUSTOMER’ as named within the paperwork.
1. DEFINITION AND INTERPRETATION
‘Contract for Service(s)’ A legally binding ‘Contractual Document’ which is signed, authorised and or acknowledged voluntarily by the ‘Parties’, that enables the ‘Parties’ to perform and discharge their duties of a ‘Contract for Service(s)’ in law. The ‘Company’ will look at a verbal ‘Contract for Service(s)’ as an agreement as if it were expressly written. Non-performance and or breach of either can be and will be enforced within UK Law; the terms of which cannot be changed unless expressly notified and agreed by the ‘Parties’ concerned. The ‘Contract for Service(s)’ supplied by the ‘Company’, can be but is not limited to ‘Work(s)’ as specified ‘Ad-hoc’ work upon request and or an ‘Annual Silver or Gold Services’, ‘Maintenance’, ‘Repair’, ‘Emergency Call-Out Work’, and ‘Visual Inspections’ and ‘Investigations’. The term ‘Contract for Service(s)’ holds and shares the same meaning throughout this document as ‘Agreement’ and may be substituted as such.
‘Company’ Shall be interpreted as Enviro Sewage Treatment Services (E.S.T.S), its ‘Director(s)’, ‘Employee(s)’, ‘Shareholder(s)’, ‘Sub-Contractor(s)’, ‘Third Party Representative(s)’ and or ‘Worker(s)’.
‘Customer’ Shall be interpreted as ‘Business Entity(s)’, ‘Client(s)’, ‘Consumer(s)’, ‘Customer(s)’, and their chosen associated ‘Third Party Representative(s’) and will hold the same meaning for the performance and acknowledgement of the ‘Contract for Service(s)’. For the purpose of the ‘Contract for Service(s)’, the ‘Customer’ confirm(s) they are authorised personnel able to legally participate in this contract of undertakings for ‘Work’ to be provided by the ‘Company’. The ‘Company’ is aware that there are legal provisions (Acts and Statutes) that cover different terms and obligations depending on whether the ‘Customer’ is either a Consumer and or Business Entity.
‘Parties’ Shall be interpreted as person(s) deemed as but not limited to, either the ‘Business Entity(s)’, ‘Client(s)’, ‘Company(s)’, ‘Customer(s)’, ‘Individual(s), ‘Personnel’, ‘Representative(s)’ and or ‘Third Party Representative(s)’ of either the ‘Company’ and or ‘Customer’ that is authorised and permitted to act on their behalf and has the legal capacity to do so.
‘Third Parties’ Will be deemed but not limited to a ‘Business(es)’, ‘Company(s)’, ‘Group(s)’, ‘Person(s)’, as instructed by the ‘Company’ and or ‘Customer’, that has legal capacity to act within the course of this ‘Agreement’.
‘Service(s)’ Defined as but not limited to the ‘Repair and Maintenance’ ‘Service(s)’ to be provided pursuant to Point 2 and will depend upon the type of ‘Service(s)’ provided as explained by the ‘Company’ as outlined and will be defined by way of ‘Ad-hoc’, ‘Annual Gold and or Silver’, ‘One-Off’, ‘Non-Specified’ (which may be charged separately), ‘Call-Out(s)’ (Emergency or Otherwise), ‘Visual Inspections’ and or ‘Investigations’, ‘Repairs’ and or ‘Maintenance’ and or ‘General Servicing’ and associated ‘Labour/Wage’ costs.
‘Authorised’ That both the ‘Customer’ and or the ‘Company’ have implied rights and or written permission(s) to enter into a ‘Contract for Service(s)’ to perform ‘Contractual obligations and are legally capable of doing so.
‘Equipment’ Deemed as but not limited to the ‘Sewage Treatment Plant’, ‘Components’ and its ‘Controls’ the description and ‘Location’ of which are shown in the ‘Contract for Service(s)’. In-let and Out-let pipes and other pipes to and from the treatment plant are not covered under the ‘Term(s)’ of ‘Equipment’.
‘Parts’ Internal and or integral workings or components of the ‘Equipment’.
‘Documents’ Deemed as provided by the ‘Company’ for authorisation or perusal to the ‘Customer’, and can be but not limited to ‘Quotation(s)’, ‘Contract for Service(s)’, ‘Forms’, ‘Agreements’, ‘Order Acknowledgement(s)’, ‘Order Acceptance(s)’, ‘Job/Work Sign Off Document(s)’ and or any other ‘Agreement(s)’ that is supplied by the ‘Company’ containing Logo and or ‘Company’ Identification Letterheading.
‘Liability’ Legal responsibility and or accountability arising by reason of any representation or misrepresentation, negligent or otherwise, or any breach of any implied or express term or any duty at common law, or under any statute, under this Agreement.
‘Location’ The ‘Location’ is deemed as the ‘Address’, ‘Area’, ‘Land’, ‘Property’, and or ‘Site’ of the ‘Equipment’ shown in the ‘Contract for Service(s)’ and identified as such.
‘Permissions’ Deemed as but not limited to mean that the ‘Customer’ has ‘Consent’, ‘Approval’ and or ‘Authority’ (delegated or otherwise), whether legal or otherwise that is written or implied to ‘Sign’, ‘Acknowledge’ and or ‘Authorise’ the ‘Company’ to attend the ‘Location’, ‘Property’ and or a ‘Specified Address’ to carry out work as required of them. The ‘Company’ will therefore deem that they have full legal ‘Permission(s)’ of the ‘Landowner/Proprietor/Tennant’ to access the ‘Location’ in order to fulfil their ‘Contractual Obligations’. Should the ‘Company’ need to access the property via neighbouring land, the ‘Company’ will deem this right to have been granted and or sought by the ‘Customer’ and will not seek this permission separately. As such the ‘Company’ cannot be claimed against or prosecuted for the act of trespass in any or all such situations.
‘Implied Rights of Access’ The ‘Company’ will have legal rights to access the ‘Location’ to undertake works on ‘Equipment’ for emergency, breakdown and or repairs. Should the ‘Company’ need to access the ‘Location’ or source the repairs work on an adjoining ‘Location’, this right will be given under the ‘Neighbouring Land Act 1992’ for ‘Basic Preservation Works’.
‘Force Majeure’ Deemed as but not limited to mean in relation to either ‘Party’ any circumstances beyond the reasonable control of that ‘Party’, and can include ‘Strike(s)’, ‘Lock-out(s)’ or other ‘Industrial’, ‘Political Action(s)’ and or ‘Emergency Situation(s) that prohibits or affects the ‘Company’ from performing their ‘Contractual Obligations’ or causes a delay.
‘Loss’ A failing which is detrimental in impact to the ‘Customer’ and or ‘Company’; ‘Loss’ is deemed as a detriment (whether loss of profit or otherwise), ‘Damage(s)’, ‘Cost(s)’ or other ‘Compensation’ and or ‘Legal’ or ‘Associated Expense(s)’ which is or are awarded against or incurred by or to be paid or agreed to be paid in settlement of any claim by the ‘Customer’ and or ‘Company’.
‘Work(s)’ Deemed to be but not limited to: ‘Labour’, ‘Wages’. ‘Job’, ‘Installation’, ‘Service’, ‘Repair’, ‘Visual Inspection’, ‘Investigation’, ‘Emergency Call-Out’ and or anything undertaken by the ‘Company’ which is performed during the ‘Contract for Service(s)’.
‘Deposit’ An agreed sum sought by the ‘Company’ payable as a first instalment on the purchase of the ‘Contract for Service(s)’ for ‘Works’ or as a pledge for a ‘Contract of Service(s)’ between the ‘Parties’, (the balance becoming payable when ‘Works’ have been completed and invoiced by the ‘Company’.
‘Normal Working Hours’ The hours of 9am to 5pm (inclusive) on any ‘Working Day’.
‘Emergency Hours’ Hours outside of the ‘Normal Working Hours’ as outlined.
‘Normal Working Day’ Any day other than ‘Saturday’ or ‘Sunday’ or a ‘Bank’ or ‘Public Holiday’.
‘Contract for Service(s)’ Date’ The date stated on the ‘Contract for Service(s)’ or ‘Company’ ‘Document(s)’ as agreed by the ‘Parties’ as the ‘Start Date’ provided by the ‘Company’; unless agreed to the contrary by the ‘Parties’. This will not affect the performance to commit to the ‘Contractual Term(s)’ as outlined. (This may vary depending upon what ‘Work’ is required/specified within the ‘Agreement’ for the ‘Contract for Service(s).
‘Clause/Point/Provision/Term’ Will be deemed to mean the same within this document referred to and known as the ‘Terms and Conditions’ of the ‘Company’ as the ‘Contract for Service(s)’ and are numbered accordingly.
2.1.1 the supply and or installation of new and or additional ‘Equipment’,
2.1.2 a repair and maintenance service for the ‘Equipment’ in accordance with the ‘Contract for Service(s)’ type, this will not mean a replacement part or ‘Equipment’ as a whole that has failed or broken down unless specified by the ‘Company’ or outlined within the ‘Contract for Service(s)’. Upon arrival at the ‘Location’, should the ‘Company’ deem the ‘Works’ required to repair or replace malfunctioning ‘Equipment’ be due to mistreatment, neglect, misuse, deliberate and or wilful damage, then such ‘Service(s)’ costs in their entirety will be borne by the ‘Customer’. Any such ‘Loss’ arising cannot be claimed against the ‘Company’; unless agreed by the ‘Company’ in writing.
2.2.1 routine maintenance of the ‘Equipment’ at such intervals as the ‘Company’ may reasonably determine to be necessary in order to keep the ‘Equipment’ in good working order,
2.2.2 the repair of any defect to or malfunction of the ‘Equipment’ which is discovered by ‘Company’ and or ‘Representative(s)’ during the course of routine maintenance checks or is reported to ‘Company’ by the ‘Customer’ from time to time;
2.2.3 delivery of the ‘Equipment’ shall occur when ‘Company’ or its carrier arrives at the ‘Location’ and notifies the ‘Customer’ of such arrival. The ‘Customer’ confirms that in cases where delivery is to be made by road transport by the ‘Company’ or its carrier, sufficient and suitable access to the ‘Location’ including a road surface capable of withstanding the weight and size of the transport and loads is available and will be accessible. In the event of any additional costs or expenses being incurred by the ‘Company’ directly or indirectly as a result of such access not existing or being inaccessible, the associated costs incurred as a result thereof will be payable by the ‘Customer’ on demand by invoice or other means.
2.3 Routine maintenance of the ‘Equipment’ shall be carried out by one of ‘Company’s’ suitably qualified and duly authorised ‘Representative(s)’ attending at the ‘Location’ during ‘Normal Working Hours’, but no prior notification of the ‘Service(s)’ referred to in Point 2.2.1 (whether of a ‘Gold’ or ‘Silver’ standard) will be provided unless specifically requested by the ‘Customer’ at the start of the ‘Contract for Service(s)’ or in writing to ‘Company’.
2.4 If the ‘Company’s’ representative discovers a defect in or malfunction of the ‘Equipment’ in the course of routine maintenance, the ‘Company’s representative will use all reasonable endeavours to repair it at the ‘Location’, but if that is not reasonably practical (or is not reasonably practical in the time available during Normal Working Hours), the ‘Company’s representative will seek to make suitable arrangements with the ‘Customer’ for:-
2.4.1 a further visit to be made to the ‘Location’ during Normal Working Hours for the repair of the defect of malfunction,
2.4.2 if the ‘Equipment’ is inoperative as a result of the defect or malfunction, its repair at the ‘Location’ outside ‘Normal Working Hours’,
2.4.3 if it is not reasonably practicable for the defect or malfunction to be repaired, the removal of the ‘Equipment’, or where practical, the part of the ‘Equipment’ in question, for the purpose of repair and or replacement or whether the ‘Contract for Service(s)’ and or ‘Agreement’ allows,
2.4.4 if the ‘Company’ is unable to repair the part of the ‘Equipment’ that is defective or malfunctioning, the ‘Company’ will liaise with the ‘Customer’ and advise an alternative solution to replacing the part. Such costs arising may be charged separately and will be notified to the ‘Customer’ if the costs are outside of the ‘Contract for Service(s)’ agreed.
2.5 If the ‘Customer’ reports a defect in or malfunction of the ‘Equipment’ during ‘Normal Working Hours’, the ‘Company’ shall use its reasonable endeavours to ensure that one of ‘Company’s’ suitably qualified and duly authorised ‘Representative(s)’ attends at the ‘Location’, during ‘Normal Working Hours’, as quickly as what would be deemed ‘reasonable’. The ‘Company’s ‘Representative(s)’ will use all reasonable endeavours to repair the defect or malfunction at the ‘Location’, but if that is not reasonably practical (or is not reasonably practicable in the time available during ‘Normal Working Hours’) the ‘Company’s ‘Representative(s)’ will seek to make such arrangements with the ‘Customer’ as are referred to in Point 2.4.
2.6 If the ‘Customer’ reports a defect in or malfunction of the ‘Equipment’ after Normal Working Hours on any day then unless ‘Company’ expressly agrees in writing otherwise the report shall be deemed to have been made at the beginning of ‘Normal Working Hours’ on the next ‘Normal Working Day’.
2.7 All reports of defects in or malfunctions of the ‘Equipment’ must be made by telephone, e-mail, facsimile transmission or in writing, by the ‘Customer’ and or ‘Representative(s)’ and otherwise in such a manner as the ‘Company’ may reasonably require from time to time.
2.8 The ‘Company’ shall not be responsible or liable for any action arising from non-compliance as a result of the ‘Customer’ failing to notify the ‘Company’ of any regulation(s) which are in force at the ‘Location’. The ‘Company’ shall ensure that its ‘Representative(s)’ comply with all safety and security regulations in force at the ‘Customer’s’ ‘Location’ which must be brought to the attention of the ‘Company’ before the ‘Work(s)’s are carried out.
2.9 The ‘Company’ shall at their discretion, replace or repair free of charge any parts of the ‘Equipment’ supplied under the ‘Contract for Service(s)’ if it fails or becomes defective during the first 12 months immediately following the date of installation of the ‘Equipment’ as a direct result of becoming defective, before the expiry of a general warranty, whether supplied by the ‘Company’ and or ‘Manufacturer’ of said ‘Equipment’, further explanations of which are covered within the Warranty Section of this ‘Agreement’.
3. SPARE PARTS AND REPLACEMENTS
3.1 All spare parts and replacement components surplus or otherwise supplied by the ‘Company’ shall become part of the ‘Equipment’ and any parts and components removed from it shall become ‘Company’s’ property, unless otherwise agreed in writing between the ‘Parties’.
3.2 Where spare parts and replacement components are not held in stock by the ‘Company’ they will be ordered from an appropriate supplier for delivery to the ‘Customer’ by normal means. The ‘Company’ will not be liable for any inability to complete a service or repair due to delays of the supplier for the spare parts or replacement components. Should the ordered parts arrive and be defective, faulty or sent in error, the ‘Company’ will endeavour to rectify the matter in what would deemed to be a reasonable timeframe and will depend upon the given circumstances. Such delays caused that are outside of the ‘Company’s’ remit will not impact upon the ‘Company’s’ ability to perform their ‘Contractual Obligations’ and any such delays will not be deemed as a contractual breach.
4. SERVICES NOT INCLUDED
4.1 The ‘Service(s)’ shall not apply to defects or malfunctions of the ‘Equipment’ which in the ‘Company’s’ professional opinion and experience have arisen as a result of improper use or lack of care as listed but not limited and include the following:-
4.1.1 ‘Work(s)’ external to the ‘Equipment’ as depicted,
4.1.2 transportation or relocation of the ‘Equipment’ not performed by or on behalf of the ‘Company’ and or their ‘Representative(s)’,
4.1.3 any error or omission relating to the operation of the ‘Equipment’,
4.1.4 any modification, adjustment or repair to the ‘Equipment’ made by a third ‘Party’ ‘Representative(s)’ of the ‘Customer’, without the written consent and or knowledge of the ‘Company’,
4.1.5 subjecting the ‘Equipment’ to unusual physical or electrical stress, the neglect or misuse of the ‘Equipment’ or any failure or fluctuation of electrical power, air conditioning, humidity control or other environmental controls,
4.1.6 any deliberate and or wilful damage external or otherwise to the ‘Equipment’; which directly or indirectly affects the workings or controls of the ‘Equipment’,
4.1.7 any other cause (except fair wear and tear) which is not due to the neglect or default of the ‘Company’,
4.1.8 if the use of the ‘Equipment’ has been in contravention to the installation or the manufacturers guidelines as provided and approved by the ‘Company’.
4.2 If on investigation the ‘Company’ reasonably determines that any defect in or malfunction of the ‘Equipment’ is the result of any of the matters referred to in Point 4.1 above, the ‘Customer’ shall be liable for all costs incurred by ‘Company’ including investigating the same and determining its cause and all if any, abortive service visits to the ‘Location’ in order to ascertain what is required, and may include parts and labour as deemed required.
4.3 If any part of the ‘Equipment’ can no longer be maintained in good working order to prolong the ‘working expectancy’ of the ‘Equipment’ by either the provision of replacement spare parts and or the whole of the ‘Equipment’ is damaged beyond economic repair otherwise than through ‘Company’s’ fault on ad-hoc, Gold or Silver ‘Contract for Service(s)’s’; the ‘Customer’ must observe the ‘Company’s’ professional opinion as to the economic costs of replacing the ‘Equipment’ as opposed to continued visit(s) and repair(s) by the ‘Company’ that cannot be sustained. Should the ‘Customer’ not agree with the ‘Company’ and thus a dispute occurs regarding this clause, then the ‘Company’ reserves the right to terminate the ‘Contract for Service(s)’ forthwith by providing notice of such to the ‘Customer’ and thus relinquishing the ‘Company’s’ Contractual responsibility. Dependent upon which part of the ‘Equipment’ can no longer be maintained, in whole or part, the ‘Company’ shall repay to the ‘Customer’ a fair proportion of any charges for ‘Company’s’ Contract for service(s)’ which have been paid in advance by the ‘Customer’, (this will be pro-rata depending on which stage the yearly ‘Agreement’ is at), depending upon the type/need of ‘Contract for Service(s)’ ‘Work(s)’ entered into.
4.4 Except as expressly provided in this ‘Document’ or as previously agreed between the ‘Parties’ in writing, the ‘Company’ shall have no objection to provide any services to the ‘Customer’ outside ‘Normal Working Hours’ provided the hours are deemed as reasonable, (between the hours of 9.00pm and 5.00am are deemed by the ‘Company’ to be unreasonable).
5. ‘CUSTOMER’S’ OBLIGATIONS
5.1 The ‘Customer’ acknowledges and agrees that:-
5.1.1 that they are authorised and legally capable of employing the ‘Service(s)’ of the ‘Company’ to carry out scheduled and or ad-hoc ‘Work(s)’ or otherwise work at the said ‘Location’. The ‘Customer’ confirms that they are either the owner of the ‘Location’ or they have been granted full permission from the registered keeper, landlord or owner/occupier of the ‘Location’ to enter into a ‘Contract for Service(s)’ to perform ‘Work(s)’ and ‘Service(s)’ that will allow the ‘Company’ to access the ‘Location’ to undertake the required ‘Work(s)’ in adhering to all the points contained in Point 2 above,
5.1.2 if the ‘Customer’ is a landlord, they confirm they have served the correct notice to the tenant(s) in order for the ‘Company’ to gain access to carry out the contracted ‘Work(s)’; should the ‘Company’ be refused access and the visit aborted, charges will be applied as depicted in Point 5.2 below,
5.1.3 At all times keep the ‘Equipment’ is kept in the environmental conditions recommended by ‘Company’,
5.1.3 they are not to move the ‘Equipment’ from the ‘Location’ without obtaining prior written permission and or consent from ‘Company’,
5.1.5 they are to use the ‘Equipment’ only in accordance with such instructions and recommendations relating to the care and operation of the ‘Equipment’ as may be issued by ‘Company’; and or the Manufacturer of the ‘Equipment’,
5.1.6 they do not allow any person and or entity other than the ‘Company’ to adjust, maintain, repair, replace, modify or remove any part of the ‘Equipment’; whilst the ‘Customer’ has entered into a ‘Contract for Service(s)’ for either the ‘Gold’ and or ‘Silver’ ‘Contract for Service(s)’ and or any other ‘Work(s)’, whereby a warranty is in operation, as this could impact upon the validity of such.
5.1.7 will ensure that the ‘Company’ shall have exclusive rights during the ‘Contract for Service(s)’ to provide the ‘Service(s)’ described within the ‘Contract for Service(s)’ and ‘Terms and Conditions’ as outlined.
5.2 The ‘Customer’ shall ensure that the ‘Company’s’ representatives have full and free access to the ‘Equipment’ and to any records of its use kept by the ‘Customer’ to enable the ‘Company’ to perform its duties. If the ‘Company’ is unable to gain access to the ‘Equipment’ or the access has been changed or it is not considered safe the ‘Company’ reserves the right to charge for the abortive visit, and or costs incurred, charges levied would be at the ‘Company’s’ standard rates for ‘Contract for Service(s)’ call-out(s) at the time of the abortive visit(s). Further costs may be applied and will depend upon if a ‘Third Party Representative(s) Representative’ of the ‘Company’ has been instructed to attend the ‘Location’; any such charges applied will be notified to the ‘Customer’ by the ‘Company’s’ office within a reasonable timeframe.
5.3 The ‘Customer’ shall provide the ‘Company’ with such information concerning the ‘Equipment’, its application, use, ‘Location’ and Environment as the ‘Company’ may reasonably request to enable it to carry out its duties, to perform and fulfil the ‘Company’s’ contractual obligations. Withholding such information (such as but not limited to the location of underground cables or utilities) that may be of assistance to the ‘Company’ in order to complete any service(s) that as a subsequence incurs additional work that has a financial detriment to the ‘Company’, may at the discretion of the ‘Company’ be chargeable to the ‘Customer’, and will be notified as such to the ‘Customer’.
5.4 The ‘Customer’ shall take such steps as may be necessary to ensure the safety of any of ‘Company’s’ ‘Representative(s)’ who visit any ‘Location’ of the ‘Customer’.
5.5 If the ‘Company’ is liable for desludging of the ‘Equipment’ under the ‘Term(s)’of the ‘Contract for Service(s)’, the ‘Customer’ shall ensure adequate access is available and can withstand a vacuum tanker or HGV type vehicle or any such vehicle in weight and height that is required to undertake the ‘Work(s) as part of the ‘Contract for Service(s)’.
5.6 The ‘Customer’ shall be responsible and pay for all charges levied by the Environment Agency or Scottish Environmental Protection Agency, unless other expressly notified by the ‘Company’.
5.7 The ‘Customer’ shall be responsible for and pay all charges levied by the local electricity supply ‘Company’ and other utility companies if applicable, unless specifically informed in writing to the contrary by the ‘Company’.
5.8 The ‘Customer’ is responsible for applying and gaining the relevant permissions (and notifying as such) for any formal paperwork from the relevant Institutions such as (but not limited to) Councils and or Heritage Departments or their associated personnel in relation to Listed Building and or Grade II consent for works to be carried out. Should such application/permissions not have been obtained prior to the ‘Company’ undertaking work at the property, the ‘Company’ accepts no liability whatsoever for any notices that are served to cease any work until permissions are sought and provided. Should such Authorities require cessation of the work that will inevitably result in delays, the ‘Company’ will not be liable for any contractual breaches whatsoever. The ‘Customer’ agrees that any such occurrences in either time or that impacts the project with further financial detriment and or financially loss will be borne and become the responsibility of the ‘Customers’ alone.
5.9 The ‘Customer’ should notify the ‘Company’ immediately in writing, or within 12 hrs if damage occurs to the actual ‘Location’ purported against either the ‘Company’ and or the ‘Third Party Representative(s)’. The ‘Company’ requires that the ‘Customer’ takes photographic evidence of the damage in order to substantiate the alleged claim against the ‘Company’ and or ‘Third ‘Party’ Representative(s)’. Such supporting evidence should be sent to the ‘Company’ at the time of the complaint and within the 12hr timeframe; failing to do so may inhibit restitution. The ‘Company’ accepts no liability whatsoever for damage sustained and not notified outside of this time period.
5.10 The ‘Customer’ should notify the ‘Company’ of any complaint regarding attitudes or behaviours of the ‘Company’ within 24 hrs or as soon as is reasonable.
5.11 The ‘Company’ will send a ‘Job Sign Off Notice’ to the ‘Customer’ within 7 days or as soon as possible (what is deemed as a reasonable timeframe). It is the responsibility of the ‘Customer’ to ensure this is completed and returned as soon as is possible and within 7 days, (unless specified to the contrary). In the absence of such paperwork not being returned to the ‘Company’, the ‘Company’ will assume an implied right that the ‘Customer’ is satisfied that the ‘Company’ have discharged their contractual duties in relation to performance and any payment for such services will be due upon the ‘Company’ invoicing the ‘Customer’.
6. ‘COMPANY’S’ CHARGES, LEVIES, FEES AND COSTS
6.1 If the Services referred to in Point 2.1.2 are requested without any reasonable justification, or by reason of any defect in or malfunction of the ‘Equipment’ which is due to cause(s) not covered under this ‘Contract for Service(s)’, the ‘Customer’ shall be liable to pay ‘Company’s’ standard charges that are in force at the time of the ‘Call-Out’.
6.2 ‘Company’ reserves the right to increase its charges for its services referred to in Point 2.1.2 of the ‘Contract for Service(s)’ at any time after giving not less than 3 months’ notice in writing to the ‘Customer’ of its intention to make such a change.
6.3 The ‘Company’ agrees to keep freight/haulage delivery costs to a reasonable minimum for standard delivery; however, the ‘Company’ reserves the right to charge additional costs for circumstances outside of their control for the delivery of ‘Parts’ that is deemed to be required as urgent, or necessary for the efficient running of the ‘Equipment’. The ‘Company’ will notify to the ‘Customer’ of such increased charges in relation to urgent delivery costs in order to adhere to Compliance, Health and Safety and or Environmental Regulations as they see fit.
6.4 The ‘Company’ reserves the right to apply additional charges for abortive calls or visits to the ‘Location’ where access is denied or is inaccessible, charged at the ‘Company’s’ standard call-out at the time.
6.5 The ‘Company’ reserves the right to apply additional charges where removal of waste/ debris/material is required in order to gain access to the ‘Location’ to carry out repair(s) and or service(s) to the ‘Equipment’. Any such ‘Third Party’ charges will be the sole responsibility of the ‘Customer’ and will be charged additionally to the ‘Work(s) at the ‘Site’ .
6.6 The ‘Company’ reserves the right to apply costs and or ‘Third Party Representative(s)’ charges in relation to any utility involvement that is necessary and required (outside of the ‘Company’s’ jurisdiction) in order to fulfil the ‘Company’s’ ‘Contractual Obligations’.
6.7 The ‘Company’ reserves the right to apply additional costs and or charges, if external personnel outside of the ‘Company’s’ remit; ie a ‘Third Party Representative(s)’ authorised or otherwise by the ‘Customer’ carries out work on the ‘Parts’ and or ‘Equipment’ which subsequently malfunctions and or fails, whilst the ‘Customer’ has a ‘Contract for Service(s)’ with the ‘Company’. Undoubtedly, if such circumstance occurs, this will detrimentally impact upon and may void any ‘Contractual Obligations’ that are in place with the ‘Company’ and will be discretionary at the time.
6.8 The ‘Company’ agrees to notify the ‘Customer’ in a reasonable timeframe of any additional costs arising from but not limited to reasonable delays to repair or service of the ‘Equipment’.
6.9 Quotations for ‘Work(s)’ to be provided by the ‘Company’ are valid for a period of 60 days from the date of the communiqué that is issued and sent to the ‘Customer’ by the ‘‘Company’, unless specified to the contrary in writing.
7. PAYMENT AND PAYMENT TERM(S)
7.1 The ‘Customer’ shall:-
7.1.1. in respect of the Services stated in Point 2.1 shall either execute a Direct Debit in favour of ‘Company’, with payments to be made quarterly, annually or a one-off cost as agreed and stated in the ‘Contract for Service(s)’,
7.1.2 in the absence of a Direct Debit instruction, pay the ‘Company’s’ charges for the ‘Contract of Service(s)’ within 7 days of the date of invoice unless authorised to the contrary by the ‘Company’,
7.1.3 settle outstanding invoices for all ‘Work(s)’ supplied by the ‘Company’ within 7 days of receiving the invoice.
7.2 The price of the ‘Equipment’ is an ex-works price. The ‘Customer’ shall be responsible for paying and if required by the ‘Company’ arranging for insurance in transporting and delivering the ‘Equipment’ to the ‘Location’. If equipment is to be stored at the ‘Location’ and held upon the ‘Customer’s’ request, then all insurance liabilities will become the sole responsibility of the ‘Customer’.
7.3 The ‘Parts’ and or ‘Equipment’ remain the property of the ‘Company’ until all invoices for the products are paid in full, whereby ownership of all such ‘Parts’ and or ‘Equipment’ will transfer to the ‘Customer’
7.4 If the ‘Customer’ fails to make payment by the due date that amount shall bear interest from the due date until payment is made to ‘Company’ (both before and after any Court intervention) at 5% per month, or at the statutory interest rate at the time, whichever is the greater. The ‘Company’ will look to use the Civil Procedure Rules for both Pre-Action Protocols and Servicing of Documents should the need arise to recover outstanding monies:
7.4.1 should the payment remain outstanding for longer than the ‘Company’s’ specified contractual payment terms and require Court intervention, the ‘Company’ will issue full proceedings and seek to recover the cost of the ‘Part(s)’ and or ‘Equipment’ and or ‘Labour/Wages’ that fall within the remit of the ‘Term’ ‘Work(s) and or ‘Service(s)’ and any additional expenses that occur as a result of non-payment of invoices,
7.4.2 should the ‘Customer’ be a business entity, then the ‘Company’ will look to the Late Payment of Commercial Debts (Interest) Act 1998 to apply statutory charges for non-payment of goods and or services under the ‘Contract for Service(s)’,
7.4.3 should the ‘Customer’ be a business entity and withhold payment for whatever reason, without providing the proper notices to the ‘Company’ and the ‘Company’ have provided the relevant ‘Documents’ in order to seek the invoice payment(s) and the invoice(s) remain unpaid and outstanding; the ‘Company’ will look to and rely upon the ‘The Housing Grants, Construction and Regeneration Act 1996’ when asking for Judicial intervention. It is the ‘Customer’s’ responsibility to notify to the ‘Company’ immediately or as soon as is reasonable of any ‘snagging works’ that require remedial action in order for the contractual performance to be adhered by the ‘Parties’ including payment of Goods and or Services.
7.5 Upon termination of the ‘Contract for Service(s)’ pursuant to Point 10 or otherwise any overdue payments and interest which are owed by the ‘Customer’ to ‘Company’ under this ‘Contract for Service(s)’ and any costs incurred by ‘Company’ in collecting from the ‘Customer’ any payments still owing to ‘Company’ will become immediately payable. In the event that the ‘Customer’ has made an annual advance payment, the ‘Company’ will refund the ‘Customer’ an amount equal to one twelfth of the annual payment for each full calendar month outstanding, (the sum of which equates to pro-rata) less a sum to cover a reasonable administration charge and any other costs which the ‘Company’ has incurred as a direct result thereof.
8. DEPOSIT(S)/INVOICING AND CANCELLATION FEES
8.1 Once a ‘Customer’ has either signed, authorised and or acknowledged by performance the relevant forms provided by the ‘Company’ that will enable for ‘Works’ to commence, a 35% Non-Refundable Deposit will be requested and be specified for approval by the ‘Customer’, (constitution of a formal ‘Contract for Service(s))’. The Company requires a 35% deposit upon acceptance of the documentation to allow for equipment ordering, a second invoice is raised for a further 35% to initiate a start date for work to commence, with a final invoice of 30% being raised (plus additional items/works) upon job completion. The Deposit will be held on account and the money for such deducted from the final invoiced amount. Should the ‘Customer’ cancel the ‘Works’, at any stage after this paperwork has been signed and or via deposit performance undertaken and the formation of the ‘Contract for Service(s)’ agreed, but before the ‘Works’ have been commenced and or carried out, the Deposit having been paid to the ‘Company’ previously will be non-refundable. The ‘Company’ also reserves the right to add additional costs that have been incurred with the purchasing of goods and or equipment that may be job specific, that the ‘Company’ is unable to return. Any such costs will be notified to the ‘Client’ in writing by way of an invoice, and the ‘Company’ payment terms will come into force.
8.2 The ‘Company’ reserves the right to charge a fair ‘Cancellation Fee’, should a ‘Deposit’ not be taken from the ‘Customer’. The Cancellation Fee will apply if work has been undertaken by the ‘Company’ to enable the contract undertaking, which is subsequently cancelled by the ‘Customer’. The charge is set at a set rate of £150.00 and is to cover for ‘Direct Losses’ i.e. site inspection time and or office administrative costs.
9. LIABILITY/CONTRACT BREACH/COOLING OFF PERIOD
9.1 ‘Consequential Loss’ (also known as indirect loss) arises from a special circumstance of the case, not in the usual course of things. The ‘Company’ shall have no liability whatsoever to the ‘Customer’ for any ‘Consequential Loss’ to the ‘Customer’ arising out of or in connection with the provision of any goods or services pursuant to this ‘Contract for Service(s)’, unless the ‘Company’ were aware, or were notified in writing of any special circumstance at the time; (except in respect of death or personal injury resulting from negligence). The total Liability of ‘Company’ for any other ‘Loss’ to the ‘Customer’ so arising in any one specific year of this ‘Contract for Service(s)’ shall not exceed the specified charges/costs as in Point 2.1 for the ‘Customer’s’ Contract for Service(s)’.
9.2 Should the ‘Customer’ wish to rely upon Point 9.1 in relation to the ‘Company’s’ liability, should a breach occur, then it would be expected that the ‘Customer’ would notify in writing to the ‘Company’ as to what would be or is a reasonably foreseeable ‘Loss’, as a result of a breach of contractual term by the ‘Company’. Such a relied upon written term should be provided to the ‘Company’ by the ‘Customer’, as soon as possible and before the ‘Contract for Service(s)’ has been performed by the ‘Company’.
9.3 The ‘Company’ shall allow a 14 day ‘Cooling Off’ period for ‘Customers’ that are ‘Consumer’s’, as defined by the Consumer Credit Act 1974. Business Entities (LTD and PLC) are NOT provided with such a ‘Cooling Off’ Period. Classification of this term is contained within the Companies Act 2006 and will deemed as a Sole Trader/Partnership/LTD/PLC as such a ‘Business’. Therefore no ‘Cooling Off’ period is provided by the ‘Company’ to such ‘Business Entities’.
9. FORCE MAJEURE
9.1 Notwithstanding any other provision of this ‘Contract for Service(s)’, neither ‘Party’ shall be deemed to be in breach of this ‘Contract for Service(s)’, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this ‘Contract for Service(s)’, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other ‘Party’, the time for performance of that obligation shall be extended accordingly.
9.2 The above Point 9.1 shall be read in conjunction with this ‘Term(s)’, in that should a sudden Government/Legal requirement prevent the fulfilment of either the ‘Company’ and or ‘Client(s)’ ‘Contractual Obligations’ in the event of a Nationwide Pandemic or Emergency Situation. Should such a circumstance arise, all parties will endeavour to complete and perform the contract specifics within what is deemed as a ‘reasonable timeframe’. All parties will understand and acknowledge that it will be situation and circumstance dependant. This is not only in accordance with specific performance but will apply to equipment/material shortages that may arise due to such a situation. This term does not give rise to the ‘Client’ cancelling any job specific without such an Authority/Government declared ‘Emergency Situation’ being implemented.
10. DURATION AND TERMINATION
10.1 The ‘Contract for Service(s)’ shall come into force on the date on which the ‘Company’ paperwork is signed and returned by the ‘Customer’, this is specific in relation to all Service Contracts and One-off or Ad-hoc Contracts. For the purpose of the ‘Company’s’ Terms and Conditions, this applies to all ‘Work(s)’ undertaken by the ‘Company’.
10.2 Termination of the ‘Customer’s’ ‘Contract for Service(s)’ for yearly servicing ONLY can be terminated and notified as such to the ‘Company’ in writing providing a 3 months’ notice period. Should this include an annual service of the ‘Equipment’, that is scheduled to be undertaken within the 3 month notice period, then it is at the discretion of the ‘Company’ as to whether they will accept the termination notice at that point or immediately after the scheduled service. The ‘Company’ will confirm in writing to the ‘Customer’ this aspect of the term.
10.3 The ‘Company’ will issue the Contract for yearly Servicing to the ‘Customer’ once only and will deem an implied point that unless the ‘Customer’ notifies the ‘Company’ to the contrary that the Contract will remain in place until either ‘‘Party’’ terminates the Contract by way of written communication providing the relevant notice period. Should a relevant or major term be amended or updated, then it will remain the responsibility of the ‘Company’ to ensure the ‘Customer’ has been made aware of such a significant change of Term, this will be communicated by way of a Postal or Email communique. It will remain the ‘Customers’ obligation and responsibility to notify to the ‘Company’ any amendment of personal and or contact information to allow communication to flow freely between the ‘Parties’.
10.4 The ‘Company’ shall be entitled to terminate their ‘Contractual Obligations’ with immediate effect and without providing notice if the following occurs:-
10.3.1 in the circumstances and to the extent referred to in the Terms contained within Points 4,
10.3.2 and by giving written notification of such to the ‘Customer’ if any sum payable under this ‘Contract for Service(s)’ is not paid on the due date as noted in the ‘Terms’ contained within Points 7, unless a ‘time extension’ is expressly granted by the ‘Company’,
10.5 Either ‘Party’ shall be entitled to the immediate termination of the ‘Contract for Service(s)’ providing this has been supplied and notified in writing containing the specific reasons as to why should the following occur:-
10.5.1 the other ‘Party’ commit any continual or material breach of any of the provisions of this ‘Contract for Service(s)’ and, in the case of such a breach which is capable of remedy, fails to remedy the same within 30 days’ after receipt of a written notice giving full particulars of the breach and the requirements for it to be remedied,
10.5.2 an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of that other ‘Party’,
10.5.3 either ‘Party’ makes any voluntary arrangement with its creditors or becomes subject to an administration order;
10.5.4 there is material evidence provided that any part of the ‘Contract for Service(s)’ has been made, entered into, discharged or performed illegally as such all ‘Contractual Obligations’ must cease immediately,
10.5.5 should either ‘Party’ knowingly continue with their ‘Contractual Obligations’ which are deemed to be illegal, the ramifications of such will be the sole responsibility of the ‘Party’ causing the illegal and material breach,
10.5.6 that the other ‘Party’ goes into liquidation (except for the purposes of an amalgamation, reconstruction, or other reorganisation and in such manner that the ‘Party’ resulting from the reorganisation effectively agrees to be bound by or to assume the obligations imposed on that other ‘Party’ under the ‘Contract for Service(s)’),
10.5.7. that the other ‘Party’ ceases or is forced to cease trading and or to carry out business activities.
10.6 For the purpose of Point 10.5.1 a breach shall be considered capable of remedy if the ‘Party’ in breach can comply with the provision in question in all respects other than as to the time or performance (provided that time of performance is not of the essence), and is performed within what is deemed a reasonable timeframe,
10.7 Any waiver by either ‘Party’ of a breach of any provision of this ‘Contract for Service(s)’ shall not be considered as a waiver of any subsequent breach of the same or any other provision.
10.8 The ‘Company’ reserves the right to amend the Terms and Conditions of the ‘Contract for Service(s)’ at any time by giving not less than one month’s notice in writing to the ‘Customer’ advising of such an amendment and if the ‘Customer’ does not approve the changes, then the ‘Customer’ may be given one month’s notice in writing from the ‘Company’ to terminate the Parties ‘Contractual Obligations’.
10.9 The rights to terminate the ‘Contract for Service(s)’ given by this Term shall not prejudice any other right of remedy of either ‘Party’ in respect of that breach concerned (if any) or any other breach arising and should be treated as such.
10.10 Upon termination of the ‘Contract for Service(s)’ for any reason, subject as otherwise provided in this ‘Contract for Service(s)’ and to any rights or obligations which have accrued prior to termination, neither ‘Party’ shall have any further obligations to perform their contractual obligations once the Contract has been deemed terminated.
11. NATURE OF ‘CONTRACT FOR SERVICE(S)’
11.1 The ‘Company’ shall have an implied right and be entitled to perform any of the obligations placed upon it and to exercise any of the rights granted to it under the ‘Contract for Service(s)’ through any other required ‘Company’, associated ‘Company’ or ‘Third Party Representative(s)’ of the ‘Company’s’ choosing, to allow the performance and fulfilment of their ‘Contractual Obligations’, under delegated authority.
11.2 Subject to the ‘Customer’s’ consent (which shall not be unreasonably withheld) the ‘Company’ shall be entitled to carry out its obligations under the ‘Contract for Service(s)’ through any ‘Agents’ or ‘Sub-Contractors’ appointed by them it in its absolute discretion for that purpose.
11.3 Except as provided in Point 11.1 and Point 11.2, the ‘Contract for Service(s)’ is personal to the ‘Parties’ and neither of them may, without written consent of the other, assign, mortgage, charge (otherwise than by floating charge) or dispose of its rights hereunder, or ‘Sub-Contract’ or otherwise delegate any of its obligations under the ‘Contract for Service(s)’.
11.4 Nothing in the ‘Contract for Service(s)’ shall create or be deemed to create a partnership between the ‘Parties’. Nor will it create or imply to create any other legal agreement between the ‘Parties’.
11.5 These ‘Terms and Conditions’ creates the entire ‘Contract for Service(s)’ ‘Agreement’ between the ‘Parties’ with respect to its subject matter and supersedes all previous ‘Contract for Service(s)’s and understandings between the ‘Parties’ and it may not be modified except by an instrument in writing signed by the duly authorised representatives of the ‘Company’, as noted in Point 10.8.
11.6 Each ‘Party’ acknowledges that in entering into the ‘Contract for Service(s)’, it does not do so on the basis of or rely on any representation, warranty or other provision except as expressly provided in the ‘Contract for Service(s)’, and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
11.7 If any ‘Clause/Point/Provision/Term’ of the ‘Contract for Service(s)’ is held by any Court or other Competent Authority to be void or legally unenforceable in whole or part, the other provisions of the ‘Contract for Service(s)’ and the remainder of the affected provisions shall continue to be valid, and will not be affected by any decision relating to the provision/term/point or clause in dispute.
11.8 Discharge of Contract will be deemed in four ways, breach, performance, agreement, and frustration; defined as:
11.8.1 Breach - Where one of the parties fails to perform their side of their ‘Contractual Obligations’ the innocent ‘Party’ may be able to terminate the contract and commence proceedings for damages (or other appropriate remedy),
11.8.2 Performance - the ‘Parties’ have accomplished their ‘Contractual Obligations’,
11.8.3 Agreement - the ‘Parties’ themselves can agree to end their ‘Contractual Obligations’, form a new one or vary the original one. However, all such changes need to be agreed by all ‘Parties’ that formed the original ‘Contract for Services’,
11.8.4 Frustration - is deemed as an unforeseeable event, no fault, makes performance impossible and or radically different.
12. NOTICES AND SERVICES
12.1 Any notice or other information required or authorised by the ‘Contract for Service(s)’ to be given to ‘Parties’ to this agreement by each other will be deemed served by way of communication via hand delivery, sent by postal service using the most effective and quickest method of transportation, email address and or facsimile transmission, or comparable means of written and formal communication to the other ‘Party’ at the address referred to in Point 12.4. It should be noted that major changes to any ‘Term(s)’ within this ‘Agreement’ including the specifics of a ‘Contractual Breach’ cannot be notified to the ‘Parties’ by way of text communication, or communication via a mobile telephone device including associated communicative applications of such a device. Reliance for a significant ‘Contractual Breach’ of a ‘Term(s)’ must be notified to the ‘Parties’ from a legitimate source of ownership, such as but not limited to an IP Address via email, or postal service on letterheaded paper from the ‘Company’ or written communication from the ‘Customer’, signed with a wet ink signature.
12.2 Any notice or other information given by post under Point 12.1 which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing the same was so posted; and proof that the envelope containing any such notice or information was properly addressed, and sent by first class pre-paid post, and that it has not been so returned to the sender, shall be sufficient evidence that such notice or information has been duly given.
12.3 Service of any legal proceedings concerning or arising out of the ‘Contract for Service(s)’ shall be affected by causing the same to be delivered to the ‘Customer’ at the address stated in the ‘Contract for Service(s)’ and to ‘Company’ by delivery to its ‘Company’ secretary at its registered office, or to such other address as may be notified by the ‘Parties’ concerned in writing from time to time.
12.4 Formal Notices MUST be served to the ‘Company’ from the ‘Customer’ in relation to ‘snagging works’ in conjunction with Point 7.4.3, whereby the ‘Customer’ is a ‘Business Entity’. Where the ‘Customer’ is a ‘Non Business Entity’, the requirements of notifying dissatisfaction to the ‘Company’ are set out in Point 5.9.
12.5 Access Notices may be required to facilitate ‘Work(s)’ on the neighbouring land of where the ‘Location’ of the contractual ‘Work(s)’ is situated. It will remain the responsibility of the ‘Customer’ to ensure such notices are served. (Neighbouring Land Act 1992).
12.6 Any notice or information sent by e-mail, facsimile transmission or comparable means of communication shall be deemed to have been duly sent on the date of transmission as proof of such can be obtained and or requested.
13. GDPR
13.1 The ‘Company’ agrees to comply with the Data Protection Act 2018, to keep ‘Customer’s’ details safe and will not divulge personal information to external sources. However, for the performance and fulfilment of the ‘Company’s’ ‘Contractual Obligations’ to the ‘Customer’, there may be occasions where information is passed within the ‘Company’ and onto ‘Third Party Representative(s). Therefore the ‘Company’ will deem an implied right to share any such information of the ‘Customer’ that is necessary and required, unless the ‘Customer’ specifies in writing to the contrary at the time the ‘Contract for Service(s)’ is made.
14. LEGAL NOTICE
14.1 This ‘Contract for Service(s)’ shall be governed by and construed in all respects in accordance with the laws of England, any dispute arising will be dealt with using Case Law, Legal Acts and Statutes within the UK Judiciary and Courts. Any decisions so reached within this Jurisdiction will be adhered in full by all ‘Parties’.
14.2 The ‘Company’ will seek to enforce any costs attributed as a result of a breach and or dispute of its ‘Terms and Conditions’ by the ‘Customer’ using relevant Caselaw, Acts and Statutes through the appropriate legal route within the UK Courts, including incurred legal costs/fees. The ‘Company’ will look at a fundamental breach of its ‘Terms and Conditions’ as non-performance by the ‘Customer’.
14.3 Should the ‘Company’ be called to the premises/property or ‘Location’ of the ‘Customer’ for an emergency call-out, (an emergency situation will deemed that equipment failure is causing harm to either the Environment and or Personnel in proximity of the equipment), then the ‘Company’ will assume that access will be granted by the ‘Customer’ at all times to ensure the ‘Company’ remains compliant and does not breach a fundamental contractual term, under ‘permitted right of entry’. Should the ‘Customer’ prevent access under such a situation; then any such liability will be the responsibility of the ‘Customer’ alone.
14.4 It will be deemed upon the ‘Customer’ accepting, completing and returning the ‘Quotation Acceptance’ document supplied by the ‘Company’, that they have had read and understood the ‘Terms and Conditions’ of the ‘Company’ as listed within this ‘Contract for Service(s)’ Agreement. A copy of which can be requested by email (enquiries@estsonline.co.uk), posted to the ‘Customer’ and or downloaded via the ‘Company’ website www.estsonline.co.uk and will also be available upon request from the ‘Company’s’ office address (Unit H, The Merlin Centre, Gatehouse Close, Aylesbury HP19 8DP). It is the ‘Customer’s’ responsibility to read in full and understand all the points contained within these Terms and Conditions, failure to do so will not be a justification for the ‘Customer’ to renege upon their contractual commitments.
14.5 The ‘Company’ is aware that trading terms and conditions will and may vary according to whether the ‘Customer’ is either a ‘Business’ and or ‘Consumer’. Such protections will be deemed using the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.
15. WARRANTIES AND EXCLUSIONS
15.1 The ‘Company’ will carry out their ‘Contractual Obligations’ following their ‘Terms and Conditions’ and will duly supply to the ‘Customer’ the relevant Warranties and or Guarantees and will be dependent upon whether the works specified and or carried out are in relation but not limited to a new installation, repair, service and or breakdown. Whereby any ‘Work(s)’ that are undertaken by the ‘Company’ involve using ‘Third ‘Party Representative(s)’ ‘Equipment’, new or otherwise; any such Warranty and or Guarantee will be provided and supplied in accordance with the Manufacturer’s guidelines for the installation or repair of such ‘Equipment’.
15.2 Should the ‘Customer’ allow another ‘Entity’ and or ‘Company’ to interfere; (deemed as but not limited to alter, repair, modify, change, adjust, tamper or remove) with any part of the equipment, whilst the ‘Customer’ is under a ‘Contractual Obligation’ with the ‘Company’ (by way of a ‘Contract for Service(s)), then the ‘Company’ reserves the right to terminate the ‘Contract for Service(s)’ in its entirety because of a fundamental breach and will notify the ‘Customer’ as such. Any further ‘Contractual Obligations’ placed upon the ‘Company’ will become null and void because of such actions.
15.3 Should the ‘Company’ instal new ‘Equipment’ for the ‘Customer’, (supplied by a ‘Third Party Representative(s)’ Supplier and or Manufacturer), that becomes defective within the warranty period, the ‘Company’ will look to replace the equipment or the failed aspect and will regenerate the ‘Company’s Warranty’ regarding the installation of the equipment. The ‘Equipment’ itself will be covered by the Supplier and or Manufacturer’s Warranty, or whichever provides greater cover.
16. MISCELLANEOUS PROVISIONS
16.1 The ‘Company’ agrees to carry out its ‘Contractual Obligations’ in a professional and safe manner, following guidance provided either by the ‘Customer’ and or Statute in relation to Health and Safety Requirements in order to protect the ‘Company’ and ‘Customer’s’ Representatives and or Personnel. Any Health and Safety ‘tool and or equipment’ used within the duration of the contract, must be adhered by all ‘Parties’.
16.2 Non-Feasance is a legal concept which is a failure to perform an act or duty. It is deemed as a wilful failure to act when a duty arises which further exacerbates a problem. The ‘Customer’ must advise the ‘Company’ of a problem situation when it becomes or is made apparent; consequences of failing to do so that later causes issues, incurs costs, delays and or has a subsequent impact upon the contractual performance by the ‘Parties’, could impact significantly upon the ‘Contract for Service(s)’ in its entirety.
16.3 ADR (Alternative Dispute Resolution) provides the opportunity where possible for mediation between the ‘Parties’ to discuss contractual disputes in the first instance before further legal intervention is sought. Should such circumstances arise, and it is decided to use such an ADR Service, it is agreed that any attributed costs will be shared between the ‘Parties’.
16.4 Should the ‘Parties’ need to resolve any ‘Contractual Obligation’ disputes via a legal route, whereby expert witnesses or such are asked to be provided or shared between the ‘Parties’, both the ‘Company’ and the ‘Customer’ agreed to mutually obtain a relevant independent specialist and agree to share such attributed costs accordingly. Whereby individual specialists are required, each ‘Party’ will have the exclusive responsibility to cover such costs, unless specified to the contrary.
16.5 The ‘Company’ operates an internal complaint(s) system and should the ‘Customer’ have any cause to initiate a complaint, whether it is related to ‘Service(s)’ or ‘Contractual Obligation’ performance, or regarding the standards, behaviours and or attitudes of the ‘Company’ and or associated ‘Third Party Representative(s), the ‘Company’ respectfully asks that any such complaints are notified to them in writing as soon as possible for further investigation/examination and or discussion. The ‘Company’ takes all such complaints seriously and will do their utmost to resolve any issues the ‘Customer’ has within a reasonable timeframe, (depending upon the nature of the complaint). If the complaint made is in relation to defective goods and or poor workmanship carried out by the ‘Company’, then as in Point 5.9 the ‘Customer’ is required to provided photographic evidence to support such a complaint.
Points 1-16.5 inclusive form part of the ‘Company’s’ ‘Terms and Conditions’ to fulfil the ‘Contract for Service(s)’, and place ‘Contractual Obligations’ upon the ‘Customer’ also. Therefore, it is imperative that all the ‘Term(s)’ contained are read, accepted, understood and acknowledged. Should the ‘Customer’ require further explanation, the ‘Company’ encourages the ‘Customer’ to seek independent legal advice as to the ramifications should any such ‘Term(s) not be adhered and or is breached.
These ‘Terms and Conditions’ can be downloaded via the ‘Company’s’ website, or can be sent by post or by email upon request as covered in Point 14.4.
Name: Mr Shaun Walker Position: Director
Signature: Shaun Walker Date: 1st January 2023
Name: Mrs Samantha Walker Position: Director
Signature: Samantha Walker Date: 1st January 2023