THESE TERMS OF BUSINESS APPLY TO ALL CONTRACTS FOR SERVICES OR GOODS UNDERTAKEN BY US ON OR AFTER 30th MARCH 2015
Application and Entire Agreement
1. These Terms and Conditions apply to the provision of the services detailed in our Quotation (Services) by us to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our Quotation or from the date of any performance or part performance of the Services (whichever happens earlier) and these Terms and Conditions and our Quotation and our Method Document (whichever is applicable), (the Contract comprise the entire agreement between us and …………………………………)
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Terms and Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A ‘business day’ means any day other than a Saturday, Sunday or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. 6. Words imparting the singular number shall include the plural and vice-versa.
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and will notify you if this is necessary.
8. We will use any reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the Quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
10. You must obtain any permissions, consents, licenses or otherwise that we need and must give us access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Contract.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
13. Our Fees for the Services are set out in the Quotation and are on a time and materials basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional Services
16. The Fees are subject to any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Amendment
17. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of fourteen days from the date of the quotation, (unless the quotation has been withdrawn).
18. If you want to amend any details of our Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
19. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
20. We will invoice you for payment of our Fees either: a. When we have completed the Services; or b. in accordance with the payment schedule set out in the quotation
21. You must pay our Fees due within fourteen days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
22. Time for payment shall be of the essence of the Contract.
23. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we reserve the right to charge interest at a rate of 15% over Bank of England base rate from time to time on the amount outstanding until payment is received in full.
24. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
25. If you do not pay within the period set out in the Quotation we can suspend any further provision of the services and cancel any future service which have been ordered by, or otherwise arranged with, you.
26. We have the right to exercise a general lien upon any vessel and/or its gear and equipment and/or any goods while upon our premises pending payment in full of all sums due to us. For the purposes of this provision, our premises shall be deemed as where the services are provided
27. We reserve the right to charge for storage of any and all goods until paid for
28. Receipts for payment will be issued by us only at your request.
29. All payments must be made in sterling unless otherwise agreed in writing between us.
Sub-Contracting and assignment
30. We can at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights under these Terms and conditions and can subcontract or delegate in any manner any or all of our obligation to any third party.
31. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
Statutory Rights and Guarantee
32. Nothing in these terms affects the statutory rights of any customer who contracts with us as a consumer. We guarantee our work for a period of 12 months from completion against all defects which are due solely to poor workmanship, unless other coatings work has been carried out by other contractors etc. subsequent to our applications of our systems.
33. We shall be liable under this guarantee only for defects appearing during this period which must be notified to us in writing within 21 days of the date on which they are discovered, failing which this guarantee will be invalidated in respect of such defects.
34. On notification of such defects we will verify their cause and if they are our responsibility under the terms of this guarantee we will promptly remedy those defects or, at our option, we will employ other specialist contractors to do so. We shall have no liability under this guarantee for the cost of remedial work which is put in hand by the customer other than through ourselves and in accordance with the terms of this guarantee.
35. Where we supply goods or services to a customer in the course of his business: a. No article supplied by us shall carry any express or implied warranty as to its quality or its fitness for any particular purpose unless prior to the supply the customer has sufficiently explained the purpose for which it is required and made it clear that he is relying on our skill and judgment; b. No proprietary article specified by name, size or type shall carry any such express or implied warranty as to its quality or its fitness for any particular purpose but we will assign to the customer any rights we may have against the manufacturer or importer of that article; c. Notwithstanding the provisions of Clause 34 above, we accept no liability to a business customer for loss or damage of whatever nature beyond the reasonable cost of rectifying defective workmanship or replacing any faulty or unsuitable article supplied.
36. We will complete our work in reasonable accordance with the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality.