Terms and Conditions
(i) Unless otherwise mentioned, all prices quoted are subject to Value Added Tax which will be payable in addition by the Customer.
(ii) All quotations are, unless previously withdrawn by us, open to acceptance for the period of 90 days only, unless stated otherwise.
(iii) All quotations are based on the condition that, the Customer shall supply on time everything which it has undertaken to and that individual site circumstances are reasonably considered by us to be normal i.e.
" we shall have free and unrestricted access at all times to the various parts of the site.
" we shall have available continuously running water, washroom facilities and electrical power.
" we shall have unrestricted use of noisy plant between the hours of 0730 and 1900, Monday to Saturday inclusive
and in the event that fulfilment of our obligations is delayed by any of the above, we reserve the right to charge extra.
(iv) Additionally we may charge extra as mentioned in paragraphs 4 and 5.
(v) We also reserve the right to increase prices in the event that the costs to us of any materials, equipment and labour are greater as a result of incorrect information supplied by the Customer.
2. ELECTRICAL SUPPLIES AND CABLING
- (i) Mains Supplies. Electrical supplies to existing equipment that is to be replaced or retained as part of the new installation, are assumed to be satisfactory for re-use unless the quotation includes for their replacement. Although all circuits will be tested for electrical integrity, we can only guarantee the cabling that we have installed during the Contract. Determining whether the proposed supply point in the existing installation of the site is suitable to take the additional load of the new equipment is the Customer's responsibility. In all other respects the new installation will comply with the current edition of the IEE Wiring Regulations, BS7671.
(ii) Cable Routes and Installation Methods. Cables, conduit and ducting will all be installed taking the simplest and most direct routes unless specifically detailed in the quotation otherwise. Should our proposed routes prove to be impractical or not to the satisfaction of the Customer, then longer or more difficult routes will be priced accordingly.
3. EXCAVATIONS FOR CABLE LAYING ETC
- (i) Road Foundations etc. Unless otherwise stated, our price assumes that Tarmac and paved roads have a sub-base constructed of road stone, hard-core or similar. In the event that we encounter areas of concrete, we reserve the right to charge for the additional time and the plant required to break through this.
(ii) Underground Services. It is the responsibility of the Customer to advise the location of electric cables, pipes etc. Whilst we will investigate the area to be excavated by use of scanning equipment and by making enquiries, we cannot be held liable for damage to such services or consequent loss unless we are informed of their exact locations before excavations commence.
(iii)Where the works are in the vicinity of public rights of way etc, for the duration of the Contract it is the responsibility of the Customer to arrange for any necessary authorities, signs and manpower to redirect traffic and pedestrians during excavations etc. Our responsibility is solely in such circumstances to cordon off the working area as is normal procedure for health and safety purposes.
4. PERMISSIONS AND PERMITS ETC.
It is the responsibility of the Customer to obtain all necessary permits, permissions, licences and authorities for the work contracted to be done.
5. CUSTOMER PLANS
- Where we are contracted to undertake work or supply goods in accordance with specifications not prepared by ourselves, we shall not be held responsible for any design or other faults in such specifications or inadequacies of the goods supplied
- Where we supply goods as part of the Contract although the risk of loss of such goods which is not due to our default shall immediately pass to the Customer, title to such goods will remain vested in us until such goods are paid for in full. You shall permit us or our agents at all reasonable times and without notice to have access to where such goods not yet paid for in full are stored and to remove the same.
7. CUSTOMER DEFAULT, INSOLVENCY ETC.
- In the event of (a) the Customer not making due payment in accordance with the terms hereof or (b) being in other material breach of agreement with us (whether this or any other agreement) or (c) shall have a receiver of any kind appointed of all or any part of its assets, or (d) shall have an administrator appointed, or (e) shall seek to make a composition or arrangement with its creditors or (f) (being a Company) shall go into liquidation or (g) (being an individual or partnership) have one or more of its proprietors declared bankrupt, then we shall have the right forthwith to terminate the Contract by notice without prejudice to any of our rights and without prejudice to our right to require payment for all work done and goods supplied to the date of termination.
In the event of any dispute we shall try to resolve the matter amicably but if we are unable to do so all disputes, differences or questions arising out of any agreement or to rights or obligations of either party shall be referred to a single arbitrator to be agreed between both parties, or failing agreement to this within 14 days, by an arbitrator appointed at the request of either party by the President for the time being of The Law Society of England and Wales. The arbitration shall be in accordance with the Arbitration Act 1996 or any re-enactment or modification of such Act for the time being in force.
9. RESTRICTION OF LIABILITY
(i) Except in respect of death or bodily injury, due to the limits of our insurance cover the aggregate of any claims by the Customer against us for negligence (whether in respect of this or any other Contract) shall not exceed £100,000.
(ii) We shall not be liable for the result of any delays beyond our control.
(iii) In any event we shall not accept any liability for consequential loss.
Any notice shall be in writing addressed to the last known business address of the recipient and may be sent email, fax or other electronic means (in which event it shall be deemed to have been served instantly if a hard copy of the same is posted), and may be delivered by hand or by first class post and in the case of posting the same shall be deemed to have been served in the normal course of the post.
- Amendments to these terms and conditions can only have effect if they have our prior agreement in writing.
12. PAYMENT TERMS
- The Customer shall pay all invoices within 30 days of their date, failing which we may charge interest calculated on a daily basis at the rate of 8% above Barclays Bank Plc's base rate from time to time in force. Any invoice outstanding beyond this period will be referred to Daniels Silverman Ltd. and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
Interim invoices will be presented for work done if (a) stage payments have been agreed or (b) we are unable to progress with the remainder of the Contract due to a delay in the supply of goods or non availability of goods required by us or (c) if we are unable to progress with the remainder of the Contract due to a delay in the supply of materials or services to be supplied by the Customer or (d) we have completed our obligations under the Contract apart from final snagging, in which case we will invoice all but 10% to be invoiced later or (e) the fulfilment of our obligations is delayed for reasons beyond our control. All invoices (whether then rendered or not) will become payable immediately if we give notice to terminate the Contract as a result of default on the Customer's part. Prompt payment will be of the essence.
13. SUPERIORITY OF TERMS AND CONDITIONS
- These terms and conditions of Contract shall override any terms or conditions stipulated, incorporated or referred to by the Customer in the order or in any negotiations preceding the formation of any Contract.
Service Agreement, Terms and Conditions (PDF format)