|
CONDITIONS OF
SALE
1. GENERAL - The acceptance of the contractor's offer includes the acceptance of the following terms and conditions and such acceptance is not binding on the contractor until confirmed by the contractor in writing. No terms or conditions stipulated by the customer are to annul or vary the following conditions except insofar as expressly consented to by the contractor in writing.
2. PRICE ADJUSTMENT - The prices quoted in the contractor's offer are based on costs current at the date of the contractor's offer and shall be varied in accordance with any rise or fall of such cost during the currency of the contract; due notice of any adjustment or alteration will be provided in writing.
3. LIABILITY - Subject otherwise to the terms of these conditions, the contractor shall indemnify the customer in respect of claims including all costs, charges and expenses in connection therwith arising at common law or under statute for injury to persons and loss of or damage to property caused by the act, neglect or default of the contractor or the contrator's employees in connection with the execution of the contract provided that the contractor's liability for such claims shall not exceed £1,000,000.00. The Contractor shall not be liable for any other injury, loss or damage of any kind whatsoever and however caused.
4. INTERRUPTION OF WORK - In the event of war, strikes, combination of workman, lockouts, fire, floods, frost, lightning or other extraneous cause or any accident whether of the same class as mentioned above or not causing directly or indirctly a partial or complete stoppage of the contrator's work, the rendering of the service or execution of repairs may be wholly or partially suspended by the contrator during the continuance of such partial or complete stoppage. Any interuption in the availability of the lift service arising as a result of the need for repairs or maintenance will not be deemed to be a breach by the contrator of the terms of this agreement.
5. ARBITRATION - If at any time in qestion, dispute of difference whatsoever shall arise between the contractor and the customer upon, in relation to, or in connection with the contract or the rights and obligations of the parties or as to any claim of damages by the one party against the other arising therefrom either party may give to the other notice in writing of the existance of such question, dispute of difference and the same shall thereupon be refered for decision under the Arbitration Act, 1984, or any statutory modification or extension thereof to the decision of a person to be mutually appointed as Arbiter or failing such mutual appointment to the decision of some person nominated as Arbiter by the President for the time being of the Institute of Electrical Engineers and the awards, interim or final, of any such person so appointed or nominated shall be final and binding upon the parties.
6. INSURANCE - It is agreed this Contact shall not in any way be construed as a contract for insurance against accident or damage.
7. TERMINATION ON DEFAULT - If the contractor shall fail to carry out the service required under the terms of this Contract to carried out the Customer may (without prejudice to his ordinary rights in respect of such failure) give notice to the contractor of his intention not to pay any subsequent charges until such services have been duly carried out and upon so doing may withhold any subsequent payment accordingly and if the contractor shall fail to carry out such services within a resonable period after receiving due notice the customer may (without prejudice to his ordinary rights as aforesaid) forthwith summarily terminate this agreement in its entirety. If any sums payable hereunder by the customer or any part thereof shall be unpaid 30 days after the same shall have become due the contractor may (without prejudice to the right to recover the same) give notice to the customer requiring the customer to pay such charge or part thereof within 7 days after receipt of such notice and if the customer shall fail to comply with such notice the Contractor may (without prejudice to its right of recovery as aforsaid and its right of recovery to all damages ariding from such breach on the part of the Customer) forthwith summarily charge 3% interest per (up to) 30 days unless prior agreement in writing. Interest will be taken from invoice date.
8. ASSIGNMENT - The contractor shall not assign the benifit or burden of the aggreement to any person, firm or company save to an assignee of the whole of the lift maintenance business of the contractor and shall not without the consent of the customer (not to be unreasonably withheld in the case of a well-estabished and experienced sub-contractor) sub-contract any of the contractor duties hereunder
9. TERMINATION OF MULTIPLE YEAR CONTRACTS - The contract will run for an initial period of 5 years and continue thereafter until terminated by either party, giving three months before the end of the five year period, in writing. If contract is terminated before the end of the five years by the customer the customer will be liable to pay the remaining years in one payment.
10. FAULT RECTIFICATION - When a fault is reported and a written quotaion is given, the fault is to be rectified within five days. If the work to rectify the fault are not carried out within 5 days. Ascent Lift Services Ltd will charge for further calls to that fault.
|
