Terms & Conditions
For the purposes of this document any reference to the Company or division or trading name relating to Essex Ventilation Services Ltd is taken to mean Essex Ventilation Services Ltd.
1.0 General
Unless stated to the contrary in writing by the company, orders are only accepted on the following terms and conditions. These terms and conditions apply in preference to and supersede any written or oral terms and conditions of the customer unless otherwise agreed in writing. If any part of these terms is found to be unlawful, it shall not affect the validity of the remainder
2.0 Law
The laws of England shall govern the contract and the parties hereby submit to the jurisdiction of the English courts.
3.0 Force Majeure
Essex Ventilation Services Ltd will not be responsible for loss arising from delay or any failure to deliver arising from an Act of God, civil disturbance, war, industrial action or dispute, fire, flood, sabotage, restrictions, controls or prohibition of the Government or any other acknowledged authority, or any other causes beyond our control.
4.0 Delivery
The Company shall make all reasonable efforts to fulfill quoted delivery and installation dates that are intentions only and not binding on Essex Ventilation Services Ltd. Failure to meet these dates or in the case of delivery by installment, any one installment, shall not constitute breach of contract and the customer shall not be entitled to rescind or abjure the contract or any other related contract, in whole or part, or claim damage for such failure unless time is of the essence as evidenced in writing, stated and signed by both parties.
If sufficient information to complete the order is not supplied within 14 days of instruction, the Company reserve the right to invoice the value of materials manufactured offsite. If the customer fails to give delivery instructions within 5 days of being notified that the goods are ready for collection or delivery, then the whole of the invoice will become payable. Such goods will be marked the property of the customer, subject to completion of payment terms and we shall also be entitled to charge storage from that date.
5.0 Frustration
Where Essex Ventilation Services Ltd attends site to perform installation at the agreed time in accordance with client instructions, the site should be properly ready before such attendance. In addition all instructions with regard to starting locations and applications methods must be issued before attending site. Failure to meet these provisions may result in delay or aborted visits which be charged at day work rates with a minimum charge for a one-man visit of £250. It is likely that delays during installation in these circumstances will delay the project as a whole and Essex Ventilation Services Ltd reserves the right to invoice for goods off site or partially completed.
Where requests for information (RFI’s or Site Reports) are not responded to within the stipulated timescale or within reason then delays may ensue or Essex Ventilation Services Ltd may at its discretion make an interpretation to ‘best guess’ to ensure progress of the works. Changes made after RFI request dates have lapsed or after interpretations have been assumed may attract abortive costs.
6.0 Acceptance
The customer shall be deemed to have accepted the goods and that they are in accordance with the contract unless, within 10 days of receipt of goods and prior to their use or resale, the customer advises the Company in writing specifying any alleged defects. Shipments to a third party are at the customer’s own risk, instruction and cost.
7.0 Complaints
Essex Ventilation Services Ltd reserve the right to make good any damage or defects due to faulty materials or workmanship notified to us, by repair or replacement at our discretion.? Essex Ventilation Services Ltd will not accept claims made as a direct result of willful damage, negligence, incorrect storage or installation nor by fair wear and tear.? Claims relating to quality must be accompanied with a completed claims form and sufficient photography to substantiate the claim. In the event that a defect is apparent Essex Ventilation Services Ltd may send a technical representative to inspect the goods at its discretion. Goods may be required to be returned for rectification where standard stock product is not available or appropriate. Replacement goods will be invoiced in full and a credit raised when goods are returned and/or confirmed as defective by Essex Ventilation Services Ltd.
8.0 Reservation of Title
Notwithstanding that the risk in the goods has passed to the customer, the title in the goods remains with the Company until full payment has been received from the customer in respect of the goods.
If the buyer shall default in payment of the goods the Company shall be entitled to repossess any goods which remain the property of the Company and the customer for that purpose shall afford the Company access to enter any premises to recover the goods. Recovery of the goods will not release the customer from their financial obligations.
9.0 Warranty
Standard subject to 12 months warranty unless agreed otherwise in writing.
10.0 Limitations and Liabilities
The Company will make all reasonable effort to ensure that the goods are supplied and installed to specification but it is the responsibility of the customer to ensure that goods are fit and suitable for the purpose they are required. All conditions and warranties expressed or implied as to the condition or fitness for any purpose of the goods are expressly excluded and the Company shall be under no liability for any direct or consequent loss howsoever arising that may be suffered by the customer by reason of any default or failure to perform on the part of the goods.
If any goods prove to be defective and where the Company has accepted any liability, the liability of the Company shall for all purposes, be limited to the cost of making good the defects or, at the Company discretion, replacement of the goods.
Orders for the installation are on the understanding that the customer has complied with all the requirements of the local planning and other interested official parties in obtaining all relevant planning permission and permits. Any charges levied by authorities before during and after installation are to be borne by the customer.
11.0 Prices
Unless otherwise expressly agreed in writing the Company reserves the right to alter prices at any time without notice to the customer. Prices quoted are exclusive of VAT or duties where applicable. Prices do not include the cost of freight or carriage, which will be additionally charged to the customer. Quotations are subject to withdrawal at any time before receipt of an order. All quotations will be deemed withdrawn if not accepted within 30 days.
12.0 Payment
Unless other credit terms have been agreed in writing, payment is to be made in full at the time of the customer placing the order. If ‘standard’ credit terms are in place the customer must pay for the goods within 30 days of the date of the Company invoice. The Company reserves the right to charge monthly interest at a rate of 5% per month above Bank of England base rate from the date of which the invoice is overdue until actual payment is received. Payments of credit accounts should be made to our registered office at Essex Ventilation Services Ltd 26 Wallenger Avenue Romford RM26ER and should be made payable to Essex Ventilation Services Ltd. The Company banking details are included with each individual invoice.
13.0 Cancellation
No order that is accepted by the Company may be cancelled by the customer except with agreement in writing by the Company. A payment may be chargeable and where goods are agreed to be taken back into stock a restocking fee of 20% is chargeable.
14.0 Discounts
Where it is stated in the quotation that there is a discount for an on-time payment within so many days, the total payment must clear in the account Essex Ventilation Services Ltd within the stated number of calendar days for the customer to qualify for the discount. Late payments will render the sum stated as owing and may be pursued as a debt if this amount is not paid within another 14 days.
15.0 Issues Outside Our Control
EVS will not be held accountable for any programme implications or project delays due to issues outside our immediate control such as any kind of pandemic or virus, government guidance that has an adverse effect on the freedom to run our business, labour resource, deliveries, the ability to manage our activities or procuring materials and plant.
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