Terms & Conditions of Contract
1. Meaning
(i) The 'Company' referred to
in this document shall mean EHL Networks Ltd, 10 Railton
Road, Wolseley Business Park, Kempston, Beds MK42 7PN or its
wholly owned subsidiaries and agencies.
(ii) The Customer is the
person/Company or person's/Company's servants or agents
ordering goods/services from the Company.
(iii) The Contract is the
agreement entered into by the Company and the Customer to supply
goods/services to the Customer.
(iv) The Goods shall mean any
Goods/Services that are the subject of any Contract, and shall
include all labour, components and any part or parts of any
components supplied and any materials incorporated within them.
2. Materials
Any materials supplied by the Customer will be void of any
guarantee or warranty by the Company but all materials and
workmanship supplied by the Company which may be found to be faulty
will be replaced free of charge provided that the Company are
notified in writing by the Custom within a period of three months
from the completion of the works. All materials left on premises
either owned or occupied by the Customer will become the sole
responsibility of the Customer as regards loss or damage thereto or
any claim arising in respect thereof and the Customer will accept
full responsibility for insuring the same against all possible
claims.
3. Specification
Any material supplied and fitted to the Customer's
specifications, which are found to be incorrect or unsuitable for
the purpose, will be the Customer's responsibility and
rectification, which may be required, shall be carried out at the
Customer's expense.
4. Variations
The Customer will be charged according to the work and materials
as stated on the quotation. Any work or materials found to be
necessary over and above this quotation will be charged for
additionally at proportionate rates to those allowed for in the
quotation.
5. Access and Facilities
The Customer shall provide all necessary access to the
appropriate buildings and sites which may be required to complete
the work the subject of the quotation. The Customer will also
provide on the site without charge an adequate supply of
electricity during the progress of the work and where required
facilities for rest for the Company's employees and
sub-contractors.
6. Despatch
Although the Company endeavours to despatch goods ordered within
24 hours, any times or dates quoted by the Company or assumed by
the Customer whether pursuant to these conditions or otherwise
shall not form part of the Contract. The Customer acknowledges that
in performance expected by the Company no regard has been paid to
such times or dates.
7. Liabilities
Every effort will be made by the Company to adhere to
suggested completion dates agreed with the Customer but accepts no
liability for loss of turnover, sales, revenue, profits or
indirect, consequential or special loss. The Company shall not be
responsible for any delays resulting from causes outside
their control including inclement weather, strikes, lock-outs, acts
of God, riots, civil commotion or the like. Furthermore the Company
shall not be responsible for any damage caused to any equipment
already installed at the Customer's premises if caused by any
person other than the Company's employees or sub-contractors. In
the event of any delay caused by the aforesaid matters then the
Company shall be at liberty to charge the Customer for any
additional time on site of any of its employees or
sub-contractors.
8. Defects
Should any defects arise which are acknowledged by the Company
to be due to faulty materials or workmanship on the part of the
Company or its employees or sub-contractors they shall be rectified
at the Company's expense to the reasonable satisfaction of the
Customer provided that notice is given in writing by the Customer
to the Company within a period of three months from completion of
the said works.
9. Consents
In the event the consent being required for any works envisaged
in the quotation under the provisions of the Building by-laws or
where applicable from Landlords such consents shall be the sole
responsibility of the Customer.
10. Payment
All invoices are payable net within 30 days of date of original
invoice, or as otherwise agreed in writing by a Director of the
Company. The Company reserves the right to demand stage payments
for any contract in excess of £5,000.00. The payments to be made as
follows: -
- 30% with order
- 30% as contract work proceeds
- 40% on completion
The Company reserves the right to charge overdue accounts at a
rate of 2% after the 30 days payment period expires.
11. Termination
In the event of the Customer's premises being destroyed or
substantially damaged by fire during the course of the contract the
Customer shall be at liberty to terminate the contract upon paying
the Company a proportionate part of the contract.
12. Terms
With reference section 12 of the Sale of Goods Act 1979 the
Company shall transfer only such title as the Company has in any
goods and in the case of materials purchased from a third party,
shall transfer only such title as the party had and has transferred
to the Company. Title in the Goods shall remain with the
Company and shall not pass to the Customer until the amount due
under the invoice for them has been paid in full to the
Company. Liability for the goods will pass to the customer
immediately on the date of delivery. Shortage or damage in
transit must be notified to the Company within 3 days of
receipt of goods, or in case of non-delivery on receipt of invoice
otherwise no liability will be accepted.
The Company reserves the right to suspend contract works and/or
deliveries for non-compliance of terms. Telephone calls may be
recorded for training and customer service purposes.
13. Arbitration
If at any time a dispute or difference arises between the
Company and the Customer in relation to or arising out of the
contract and either of the parties shall give the other notice in
writing of the existence thereof then failing agreement such
dispute or difference shall be referred to a single Arbitrator
under the provisions of the Arbitration Act 1950 or any statutory
amendment or modification thereof.
14. Cancellation
The Company will make a charge for cancelled orders up to a
maximum of 30% of the contract price, or the value of any
purpose built or specially ordered items whichever is the
greater.
15. Extent
The Contract shall be governed by English Law and parties to the
Contract consent to the exclusive jurisdiction of the English
Courts.