Standard Terms and Conditions of Sale
- Definitions
‘Agreement means, the Estimate or Quotation (and the specification referred to in it), the Acceptance and these Terms and Conditions.
‘Company’ means Audited Intelligent Maintenance Limited.
‘Completion date’ is the date on which a certificate of completion is signed.
‘Customer’ means the Customer named in the Agreement or any assignee.
‘Normal Working Hours’ means the hours of 9.00am to 5.00pm Monday to Friday, (subject to alteration by the Company acting reasonably) except for Public and National Holidays.
‘Works’ means the products and or services described in the Agreement.
The Agreement will be governed by the Laws applicable in England at the time of the commencement of the work.
- The Company will
a) Make every reasonable effort to complete the works described in the Agreement within the agreed time and to the satisfaction of the Customer.
b) Comply with the rules and guidelines for visitors and health & safety regulations as pointed out to the Company by the Customer or as required by statute.
c) Respect the confidentiality of the Customer.
d) Provide, as far as is reasonable and practical, the Customer with documentation relating to the works e.g. detailed specification, method statement etc.
e) Issue a Completion Certificate, if requested to do so by the Customer, or at its discretion, without delay upon completion of the works.
f) In respect of Security Systems the Company has no special knowledge of the nature and value of the Customer’s premises for which a security system is specified or of the nature of the risks to which the Customer’s premises and their contents will or may be from time to time exposed. Because the potential losses which the Customer may suffer as a result of any breach of contract by the Company or system design error could be disproportionate to the Agreement price the Company limits its liability to the value of the Agreement. Nothing in this clause shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.
- The customer’s Obligations
a) To provide reasonable access to the premises to enable the completion of the works.
b) To pay for the completed works within 7 days of the date of invoice.
c) To pay to the Company interest, calculated on a daily basis in accordance with current legislation, for each day in excess of 7 days that the invoice remains unpaid.
d) To provide access to First Aid facilities to the Companies employees or agents whilst they are on the Customer’s premises as required.
e) Without delay to notify the Company in writing of any changes to the Customer’s circumstances which might adversely affect the carrying out of the Works.
- Right of Assignment
Either party shall be entitled to assign all or any of its rights under this agreement and the Company reserves the right to perform any or all of its obligations through sub-contractors.
- Retention of Title
a) Ownership of any equipment or materials supplied by the Company shall pass to the Customer only when the Company has received full payment for all sums then owed by the Customer to the Company.
b) Risk in the equipment and or materials shall pass to the Customer as soon as the installation in the Customer’s premises has commenced and until payment has been received by the Company the Customer shall fully insure the equipment against all risks.
- Matters Beyond the Parties Control
Neither party shall have any liability or be deemed to be in breach of the Agreement for any delays or failures in performance of the Agreement which result from circumstances beyond the reasonable control of that party including but not limited to labour disputes, riot, natural disaster, adverse weather conditions and acts of God. The party affected by such conditions shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a period of 3 months either party may, by giving written notice to the other, terminate the agreement without prejudice to any rights either party may have against the other.
- Termination For Breach of Contract
If either party shall commit a breach of this Agreement (including non-payment of any monies due) and which is not capable of remedy within 7 days of notification of such breach, then the other party may by giving 14 days notice in writing terminate this Agreement without prejudice to any rights of the parties to recover any sums due from the other.
7A. Dispute
If any dispute arises in connection with this Agreement, the parties will attempt to settle it by mediation.
- Variation
It is the intention of the Company that all terms of the contract between the Customer and the Company are contained in this Agreement. If the Customer wishes to rely on any variation in these terms the Customer is asked to ensure that such variations are written into the agreement or notified to the Company in writing before the Agreement is signed.
- Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed that nothing in this Agreement shall confer on any third party any right to enforce or benefit from any term of this Agreement. The Agreement shall be construed in accordance with the Laws of England.
The above text represents our basic terms and conditions however the company reserves the right to alter, amend or add to the above terms and conditions without prior notice therefore it is in your own interests to read carefully the printed copy of the terms and conditions relating to your own contract with the company and contact us of there is anything about which you are uncertain or unclear.