1.1 The purpose of this document is to confirm the Terms of Business of Peak Technical Ltd. (“the Company”). These terms are the only terms on which the Company contracts with the Customer (as named overleaf).
1.2 “Goods” means all goods and parts to be sold by the Company to the Customer whether or not supplied in conjunction with work to be done by the Company.
1.3 “Work” means any work to be done by the Company whether by way of repairs, installations, reports or otherwise.
1.4 The Customer will be deemed to have accepted these Terms of Business if he or his insurance company give instructions by any means for Work to be done or Goods to be supplied.
2.1 The contract price is based upon prices current at the date of preparation of the quotation or estimate and the Company reserves the right to increase such prices if the price to the Company is increased between preparing the quotation or estimate and obtaining any Goods required or undertaking any Work.
- Quotations and estimates
3.1 An estimate is an approximation of the cost involved. All estimates are valid up to three months from the date of despatch of the estimate by the Company to the Customer, save that the price of Prime Cost and/or Special Items will be the price ruling at the date of delivery and execution of work in addition to profit.
3.2 Unless otherwise agreed in writing, if it appears during progress of any work that the estimate will be exceeded the Company will not continue the Work without further express written permission from the Customer.
3.3 All prices are quoted exclusive of VAT.
4.1 Any variation must be agreed in writing between the Customer and the Company and will be deemed to form part of this contract and will not constitute a new contract.
4.2 Any variations ordered by the Customer after commencement of the Work will be charged at such rate as to take into account any increase in labour or material charges which may have occurred after three months from the date of the original quotation.
- Uncompleted Work
5.1 If for any reason Work requested by the Customer is not carried out in full the Company will charge a reasonable amount for any Work actually carried out and the current price of any Goods supplied and fitted.
6.1 Progress payments – These are to be paid within 14 days from the date of issue of the invoice.
6.2 Save as aforesaid, upon completion of the Work undertaken and/or Goods supplied, the Company will invoice the Customer and payment will be made by the Customer within 28 days from the date of the invoice.
6.3 Any queries regarding any invoice must be notified in writing within 14 days from the date of the invoice, in default of which the Customer will be deemed to have accepted the invoice as correct.
- Retention of Title and Risk
7.1 Goods will remain the sole and absolute property of the Company until such time as the Customer has paid to the Company the full price thereof together with any interest that may be due to the Company under this contract and until payment in full has been made the Customer hereby acknowledges that he is in possession of the Goods solely as Bailee for the Company.
7.2 The Customer acknowledges the right of the Company to enter the Customer’s premises and to dismantle if necessary and retake possession of so much of the Company’s Goods and materials as will satisfy the balance then outstanding together with interest subject to the Company giving the Customer 14 days prior written notice.
7.3 Risk in Goods and materials will pass on delivery to the Customer or carrier whichever is the earlier.
8.1 Installation dates of Goods are given in good faith but are estimates only.
8.2 Time for delivery will not be of the essence of the Contract.
- Facilities for Access and Continuity of Work
9.1 The Customer will make all necessary arrangements to enable Work to be carried out at reasonable times during normal working hours and to allow for reasonable access and continuity of work and to assist completion by the Company.
9.2 Advance adequate notice is required of the date when the Customer requires Work to commence on site.
9.3 In the event that the Company encounters Asbestos or asbestos related materials in the Customer’s premises the Company shall not be obliged to continue work until the Premises have been rendered safe for work to continue.
10.1 Should a licence, permit or other permission be required for the Work to be carried out at the Customer’s premises, or other location designated by the Customer, it is the Customer’s responsibility to ensure that such licence, permit or other permission is obtained prior to the Company carrying out the Work. The Company will not accept any responsibility for any costs, (legal or otherwise) payments and/or fines in the event that the Customer fails to obtain the necessary permission and the Customer will be liable for and agrees to indemnify the Company with regard to the same.
- Late Payments
11.1 Time is of the essence in respect of all payments and the Company will be entitled to add interest at the rate of 5% per month on all outstanding amounts. Such interest will continue to be added until the outstanding amount has been paid in full.
12.1 This Contract is governed and interpreted according to the law of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English Courts.
12.2 Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation, an act of God, strikes, lockouts, breakdown of the Company’s plant and machinery and wherever and under which fulfilment of such obligations is prevented, frustrated or impeded.
12.3 The waiver by the Company of any breach or default of these terms will not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other term.
12.4 If any clause or subclause of these terms is held to by a competent authority to be invalid or unenforceable the validity of the other clauses and subclauses of these terms will not be affected and they will remain in full force and effect.
12.5 The Company may assign, novate or subcontract all or part of this contract and the Customer will be deemed to consent to any novation. The Contract is personal to the Customer and it may not be assigned.
12.6 Nothing in this Contract is intended to or will give any right to any third party to enforce any term of this Contract whether express or implied.
12.7 The Customer acknowledges that all drawings, specifications and other information supplied by the Company will remain the property of the Company.