Please read our Terms and Conditions carefully.
In these conditions the expression 'the Company' means Servaccomm Redhall Limited and the expression 'the Customer' means the persons, firms or company to whom a quotation is addressed and/or whose order is accepted by the Company as a sale and shall include any person acting on behalf of the Customer at any time during the sale and the acceptance of this quotation includes the acceptance of the following terms and conditions:
1. These conditions shall override any differing conditions on the Customer’s order forms or other documentation. No variation of these conditions shall be valid unless agreed in writing by the Company.
2. Unless otherwise agreed in writing by the Company the Company’s quotation and price is based on the cost of goods, materials, labour, plant and services ruling at the date of quotation and the Company reserves the right to make any adjustments to the quotation in the event of any fluctuation in the cost of such goods, materials, labour, plant and services occurring after the date of quotation.
3. In the event that any materials are required in addition to those included in the quotation they will be charged extra at prices ruling at the date of dispatch and additional labour will be charged for at the current day work rates paid on actual hours worked unless a fixed price basis is agreed in writing.
4. All quotations are based on the assumption that the site will have easy and safe access and egress for the personnel, tools, material and tackle necessary to carry out the works and presents no obstacle to the proper and continuous performance of the work. In the event that access to site is delayed or abnormal steps are required to achieve access the Company reserves the right to charge all the additional costs it incurs. The Customer must provide suitable hard-standing for the offloading of components or units immediately adjacent to the foundations. Access to these hard standings must be suitable for the vehicles required for the installation.
5. Any order is accepted on the basis of the current drawings stated in the quotation. The Company reserves the right to make additional charges in respect of any subsequent variation but any special items which have commenced manufacture will not be allowable for credit if they are no longer required by the Customer. In the event that changes to layouts after the placing of an order affecting the manufacturing programme and/or delivery dates the Company reserves the right to make additional charges.
6. Acceptance of orders by the Company is subject to the receipt of satisfactory references in respect of the Customer.
Intellectual Property Rights
7. All drawings, descriptive matters and other documents furnished in connection with the quotation remain the property of the Company and must not be copied and/or shown to any third party without the Company’s consent in writing. Where work is carried out to the Customer’s specifications or instructions or where the Customer uses products or goods in breach of any patent, registered design, copyright or other intellectual property, the Customer shall indemnify the Company against all damaged, penalties, costs and expenses arising out of the infringement or alleged infringement.
8. Any time or date for delivery, completion or performance will be calculated from receipt by the Company of a written order to proceed and of all necessary information and drawings to enable it to put work in hand. Any such time or date is to be treated as an estimate only and the Company will not be liable for indirect or consequential loss or loss of profit or business alleged to have arisen from any delay or other circumstances in relation to the Company’s activities.
9 If the Customer delays delivery from the agreed programme date for whatever reason then the Company reserves the right to charge storage arising from such delays and for any costs it incurs giving additional weather protection and or the cost for remedial works in rectifying the product due to deterioration due to the ingress of water or moisture.
10. Unless otherwise agreed in writing, the volumetric units will be delivered to site by road transport for erection in sequence and to an agreed delivery programme. The units will be lifted by crane and placed in position on a prepared foundation. Generally cranage is not included in our quotation. Where it is offered a 50 tonne capacity crane will be included unless otherwise specified. If access requires a larger capacity crane to be used then the Company reserves the right to make additional charges respect thereof. In all instances the Company accepts no liability for any damage caused to unprotected surfaces or underground services that have to be crossed in order to gain access to carry out the installation. All liability rests with the customer. If trackway (or similar) protection is required to prevent damage then this will be charged as an extra.
11. Unless otherwise stated the foundations are installed by the Customer, the Customer shall be responsible for the accuracy of the setting out, dimensions, levels and, where applicable, pockets and sole plate. The Company is not responsible for any supporting structure or foundation work not designed and manufactured by the Company and accepts no liability in respect of any consequences of the insufficiency of any such supporting structure or foundation. Any additional costs incurred by the Company by reason of inaccurate foundations will be charged as an extra.
12. The modules will placed on the foundations by the Company’s installation team in accordance with the Company’s method statement. All site works required to complete the building in accordance with our quotation will then be carried out to the satisfaction of the Company’s Contracts Manager prior to it being offered for acceptance by the Customer.
13. If the Customer makes any alteration or adjustment to the building or building works when in progress without the Company’s written permission, all the Company’s liabilities in respect thereof shall immediately cease.
14. Unless otherwise stated the Customer is responsible for the provision and connection of all services to the building. Where services need to be connected to facilitate testing by the Company’s operatives/sub contractors then these must be provides in line with the Company’s requirements and programme. In the event of failure to do so that results in additional visits by the Company’s operatives/sub contractors then this will be charged as an extra.
15. Generally where the Company incurs additional costs as a result of late or faulty completion of work not under the Company’s control the Company may at its discretion charge such costs as an extra and extend the programme to reflect any delay.
16. Where the Company is not appointed main or general contractor, no responsibility is accepted by the Company in respect of loss or damage arising outside normal working hours or after personnel have left the site on completion of erection.
17. On completion of the installation the building will be offered for handover to the Customer and seven days will be allowed for inspection and all defects to be noted. In the event that the defects list is prepared by a representative of the Customer then the Customer must pass to the representative the authority to prepare the list and approve the works on completion of any remedial works necessary. Subsequent and/or multiple defects lists will not be accepted. Practical completion will be deemed to have taken place upon the expiry of the seven day period or completion of the works listed on the defects list which ever happens sooner. No access to the building will be granted to the Customer or any other party prior to that date. A certificate of Practical Completion shall be exchanged on that date.
18. Final Handing Over is deemed to have taken place when any of the following occurs:
The Customer or his employee or agent signs the Final Handing Over Certificate; or
any of the Customer’s employees, agents, contractors, or sub-contractors enter the building or store equipment or materials in the building or carry out any work whatsoever in or on the building; or
by his action or inaction the Customer prevents completion of the building work and the Company advises him in writing thereof; or
the building has been completed and the Company has advised the Customer of this in writing whether or not the building is occupied by the Customer; or
in the case of supply only, the date of delivery of goods and/or materials and/or plant and/or a building to site notwithstanding whether a) above has or has not occurred.
If within a period of 12 months from the date of Final Handing Over any fault either of materials or workmanship is proved to exist in any of the Company’s work, the Company shall, at its option, repair, replace or make good such fault. Save as provided herein all express and implied conditions or warranties, statutory or otherwise, by the Company as to the quality or fitness for any purpose of goods, materials, labour, plant and services supplied are hereby excluded to the full extent permitted by law.
Notwithstanding the provisions of any main contract in relation to a defects liability period applicable to the products and services sold hereunder, the defects liability period shall be as specified in Clause 18 hereof and shall commence on the date of Final Handing Over under Clause 17 hereof.
20. Subject to a satisfactory credit references being obtained the ex works value of the building plus the transport and cranage (if applicable) will be invoiced 14 days prior to delivery of the building with payment being required on the scheduled day of delivery. In the event of the delivery being delayed by the Customer then payment must still be made. The installation cost will be invoiced on the date of practical completion for payment 30 days from the date of the invoice. This final invoice will also include any variations requested by the client during installation.
If the Company is employed to carry out site works, foundations etc. within the contract then depending on the value of the works it will be invoiced monthly for works completed or invoiced for the proportion of works complete prior to delivery in either instance for payment within 30 days from the date of the invoice. Where works are ongoing they will be invoiced on a monthly basis.
21. A charge of 3% above the Barclays Bank minimum lending rate will be made on accounts overdue for payment. This will be applied for the period from the due date to the date of receipt of settlement.
22. Any discount offered for timely payment included with the price will be forfeited if payments are not received by the Company by the due date.
23. All orders are deemed to include the Company’s standard terms of payment in respect of 'off-site materials'.
24. Upon delivery of any goods, materials or plant supplied by the Company to the Customer, the Customer shall hold the goods, materials or plant solely as bailee for the Company and the goods, materials or plant shall remain the property of the Company until such time as the Customer shall have paid to the Company in full all sums due to the Company from the Customer whether in respect of the goods, materials or plant or otherwise. Until such time the Customer shall store the goods, materials or plant separately from other goods and products and shall mark them in such a fashion as to show that they are the property of the Company and the Company is entitled to require at any time before it has received payment in full that they shall be delivered up to it. If the Customer is in default in respect of payment, the Company shall be entitled to enter upon the premises of the Customer for the purposes of removing the goods, materials or plant there from and the Company shall have no liability for any costs arising from such action.
25. In the event that the Customer receives payment in respect of any goods, materials or plant supplied by the Company and the whole or part of that sum is due or owing by the Customer to the Company, the Customer shall hold such sum as a trustee for the Company and:
the Customer shall thereupon immediately pay such sum into a separate banking account in the name of the Company, which account shall be established by the Customer specifically for the purpose of receiving such amount and so designated as to readily identify the said sum or sums;
the Customer shall expressly state in writing to the bank with which the said bank account has been made, that all monies placed in that account are held on trust for the Company; and
the Customer shall produce to the Company written evidence of compliance with the above obligations including evidence of receipt of the said bank of the monies from time to time at the request of the Company. The Company shall produce to the Company written evidence of compliance with the above obligations including evidence of receipt of the said bank of the monies from time to time at the request of the Company.
26. Except as otherwise provided herein, the Company shall not be liable for any loss costs or damage including but not limited to indirect or consequential loss or loss of profit or business sustained by the Customer arising from the provision of goods, materials, plant or services by the Company. The Company accepts liability for personal injury or death caused to any person arising from the negligence of the Company.
27. In the event that war, strikes, combinations of workmen, lock outs, accidents, fire or other unforeseen circumstances cause a stoppage of the Company’s work or supplies of raw materials or should these or other exceptional circumstances interfere with the means of transport of raw or finished materials, delivery may be wholly or partially suspended and the time for completion of the contract extended proportionally.
28. The Customer shall take out or procure insurance cover for all goods, materials, plant and contract works provided hereunder. In the event that the Customer fails to take out such insurance, the Company shall do so and shall charge the premium to the Customer as an extra.
29. The Customer warrants and represents that he has complied with every applicable statute, Order or council regulation or direction by law or of a lawful requirement or instruction whether of the Government or any local of other authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work.
30. The Customer shall not be entitled to cancel this Order except with the written agreement of the Company signed by a duly authorised officer of the Company. In the event of such cancellation by the Customer the Customer shall pay forthwith to the Company all costs or losses sustained by the Company in respect of design, manufacture, opportunity costs and loss of profit on such cancelled Order.
31. The Company shall, without prejudice to any other of its rights and remedies, have the right immediately to suspend or terminate works under this Order and refuse to make any further deliveries at any time upon the occurrence of any of the following events:
if the Customer shall become bankrupt or commit any act of bankruptcy or if the Customer goes or is put into liquidation, otherwise than by voluntary liquidation for the purpose only of amalgamation or reconstruction, or if the Customer shall enter into arrangement or composition with its creditors, or if an administrator, a liquidator or a receiver of the Customer’s assets or undertaking or any part thereof is appointed.
if the Customer commits any breach of these conditions.
32. The Customer shall not assign its rights and obligations under this Order without the written consent of the Company.
33. Waiver of any or all of these conditions shall not prejudice or affect the Company’s rights and remedies in respect of any subsequent breach, non-observance by the Customer of these.
34. These Conditions and any Order or Contract shall be construed in accordance with and governed by the Laws of England.
35. Any notice to be given hereunder shall be sent by registered post to the registered office of the party to be served or any other address which shall be notified to the other party from time to time.
If you have any questions about these Terms and Conditions please contact us at:
Servaccomm Redhall Ltd
Telephone 01964 624444
Fax 01964 624455