Terms & Conditions | Campbell & Law Building Services Ltd
COMPANY TERMS AND CONDITIONS:
In these Terms and Conditions:
In these conditions the following Terms shall have the meanings respectively set against them
“The Company" - Campbell & Law Building Services Limited.
"The Tender" - The Companies Quotation which shall include all specifications, manufacturers information and the like referred to therein.
"The Customer or Client “- The firm or company to whom the Quotation is addressed or the party which accepts these Terms and Conditions and thereby enters into a contract with the Supplier.
"The Works" - The Works described in the Tender, Agreement or Quotation.
“The Acceptance" - The Customers written acceptance see Clause 3.
“Business Day” - Any day other than a Saturday, Sunday or Bank Holiday in England or Wales;
“Cancellation Fee” - The Cancellation Fee as detailed in Clause 10.
“Consumer” means a Consumer as defined in Section 12 of the Unfair Contract Terms Act 1977;
“Price” means the Price of the Works as defined in Clause 5.1;
“Quotation” means any Quotation, Price list or other similar document describing the Works to be provided by the Supplier;
“Subscription Services” means Works that are provided on an ongoing, rolling contract that require you to subscribe for periodic payments.
“Supplier” Campbell & Law Building Services Ltd a company registered in England and Wales, Company Number 11176546, of Systems House, Horndon Industrial Park, Station Road, West Horndon, Essex, CM13 3XL
“Terms and Conditions” means the clauses, terms and conditions as set out herein;
“Works” means the Works as specified in the order or Quotation annexed to these Terms and Conditions which the Supplier is to supply in accordance with these Terms and Conditions;
“Writing” means letter, facsimile, e-mail and other comparable forms of written communication.
1.1 Any reference in these Terms and Conditions to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as, from time to time, amended, consolidated, modified, replaced, re-enacted or extended.
1.2 Clause headings shall not affect the interpretation of these Terms and Conditions.
1.3 References to the masculine include the feminine and words in the singular include the plural and vice-versa.
2. CONTRACT AND TERMS AND CONDITIONS
2.1 These Terms and Conditions shall apply to the provision of the Works detailed overleaf or attached and any subsequent contract for the supply of Works detailed in this Quotation. Please read carefully.
2.2 The Supplier’s Quotation constitutes an offer to carry out the Works for the Price in Quotation for the specified amount of time the Quotation remains valid. Details of the Quotation are subject to alteration without notice until the Client accepts the Quotation.
2.3 On accepting the Quotation the Client and the Supplier have entered into a contract.
2.4 The Client acknowledges that the Supplier relies on information provided by the Client to produce the Quotation, if this information is later found to be incorrect the Client acknowledges that the Supplier has the right to amend the Quotation as necessary.
2.5 These Terms and Conditions constitute the entire agreement between the parties.
2.6 The Client acknowledges that, in entering these Terms and Conditions it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
2.7 The only representation in connection with the Works for which the Supplier will accept liability are those specifically included in the Quotation or these Terms and Conditions.
2.8 Where the Client is an individual, the Client confirms that he or she is of sufficient age to enter into a legally binding contract in England & Wales for the purchase of the Works.
3. SPECIFICATION OF WORKS
3.1 The Works supplied by the Supplier shall be in accordance with the Quotation and any further specifications or descriptions requested by the Client and agreed to in Writing by the Supplier.
3.2 Except where specifically agreed and included in the Quotation the Client shall always be responsible for ensuring all permissions, consents, licences and any other requirements for the
Supplier to supply the Works are in place. In addition, the Client will provide the Supplier with all relevant information, materials and other matters reasonably required by the Supplier for the provision of the Works.
3.3 The Supplier shall use reasonable care and skill in its performance of the Works, including compliance with codes of practice, where appropriate.
3.4 Time will not be of the essence in relation to the provision of the Works.
3.5 The Supplier reserves the right to amend the specification of the Works if required by any applicable statutory or regulatory requirements.
4.1 The Quotation (including any non-standard Price negotiated in accordance with sub-Clause 3.1) is valid for a period of 30 days only from the date shown in the Quotation unless expressly withdrawn by the Supplier in Writing at an earlier time.
4.2 The Supplier may withdraw the Quotation at any time prior to the Client’s acceptance or rejection of the Quotation during such times as to when work is in process.
5. PRICE AND PAYMENT
5.1 The Price of the Works shall be that set out in the Quotation current at the date of the Client’s order or such other Price as may be agreed in Writing between the Supplier and the Client (“the Price”).
5.2 The Supplier reserves the right to increase the Price, by giving notice to the Client at any time before delivery, to reflect any increase in cost to the Supplier that is due to any factor beyond the control of the
Supplier, any request by the Client to make changes to their order or any delay caused by the actions of the Client.
5.3 Any increase in the Price of the Works shall only take place upon the Supplier informing the Client of the increase in Writing.
5.4 The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.5 The Supplier shall invoice the Client for the Price on or at any time after the provision of the Works is complete or on the invoice date(s) specified in the Quotation.
5.6 The Client shall pay the Price within 30 days of the date of the Supplier’s invoice or otherwise in accordance with any credit terms agreed between the Supplier and the Client.
5.7 If the Client fails to make payment within the period in Clause 5.6, the Supplier shall be entitled to suspend any further provision of Works to the Client and charge the Client an administration fee added to the original quote.
5.8 Time shall be of the essence in respect of any payment due to be made by the Client to the Supplier under these Terms and Conditions.
5.9 Unless otherwise agreed in Writing by the Supplier all payments must be made in pound sterling.
5.10 The Supplier may at any time give notice to the Client in Writing that no further credit will be allowed to the Client, and cash payments will be required for any further provision of Works.
6.1 The Client must cancel the Subscription Services in Writing to firstname.lastname@example.org strictly 90 days before the renewal date to avoid being billed for the renewal. If you do not cancel your Subscription Service will be automatically renewed and the Supplier will charge you the then current Price for the renewal term.
6.2 If the Customer cancels the Subscription Service prior to the expiry of any fixed minimum contract period, a Cancellation Fee will apply.
7.1 Subject to these Terms and Conditions and except where the Client is purchasing the Services as a Consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.2 Where the Client is purchasing the Works as a Consumer, the Client’s statutory rights as a Consumer shall not be affected by any of the provisions of these Terms and Conditions.
7.3 Any warranty dates from goods purchased via third party Supplier will be from the date purchased and not from the date of installation.
7.4 The client maybe charged for labour to install any Warranty part, replacement or repair within the guarantee period.
7.5 In the event of a product warranty claim being rejected or is invalid for any reason, a fee will be charged to cover costs of inspection, handling and shipping the returned item.
7.6 This warranty covers all non-expendable parts and a set allowance as a contribution to labour costs associated with our products only, which can be claimed via our Suppliers returns policy.
7.7 Any replacement or repair within the guarantee period will not extend the original period of guarantee on that item.
8. LIMITATION OF LIABILITY
8.1 Except in respect of liability for:
(a) death or personal injury caused by the Supplier’s negligence;
(b) any matter for which it would be illegal for the Supplier to exclude or limit its liability; and
(c) fraud or fraudulent misrepresentation; the Supplier shall not be liable for any loss or damages of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Client for whatever reason
8.2 In no event shall the Supplier be liable to the Client for any loss of business, loss of opportunity, loss of profits or for any other indirect or consequential loss or damage howsoever arising even to the extent that such a loss was reasonably foreseeable, or the Supplier had been made aware of the possibility of the Client incurring such a loss.
9.1 The Supplier shall be entitled to terminate the provision of Works immediately in the following circumstances:
(a) the Client ceases or threatens to cease to carry on its business or a significant part of it or suspends or threatens to suspend payment of its debts or is unable or is deemed unable to pay its debts within the meaning of section 123(1) of the Insolvency Act 1986; or
(b) the Client is or becomes in material breach of its obligations under these Terms and Conditions.
9.2 The Client will be required to pay the remaining months of the Contract if cancelled within the 12 month period.
10.1 The Client acknowledges that upon them accepting the Quotation and entering into a contract with the Supplier, the Supplier will be required to allocate staff, equipment and supplies for the
Works which will affect the workflow of the Supplier and its ability to carry out other jobs. Therefore, the Client accepts that if after accepting this Quotation, they cancel the Works they will be subject to a fee equivalent to the losses suffered by the Supplier for the Client’s breach of contract. This fee will depend on the Works but will be a minimum of 40% of the Price.
11. INTELLECTUAL PROPERTY
11.1 Unless otherwise agreed in Writing all copyright and other intellectual property rights which may subsist in the provision of Works or the product of the Works will remain with the Supplier.
12.1 A notice under these Terms and Conditions shall be in Writing and sent to the party at the address or to the fax number given in these Terms and Conditions or as otherwise notified in Writing to the other party.
12.2 Notices shall be deemed to have been duly given:
(a) On signature of a delivery receipt or at the time the notice is left at the address (during the normal business hours of the recipient) if delivered by hand;
(b) at the time of transmission, if sent by fax;
(c) 9am on the second Business Day after posting or at the time recorded by the delivery service if sent by first class post or other next working day delivery service providing proof of postage or proof of delivery; or
(d) 9am on the fifth Business Day after posting or at the time recorded by the delivery service if sent by pre-paid mail providing proof of postage or proof of delivery.
12.3 All references to time are to local time in the place of deemed receipt; and
12.4 If deemed receipt would occur in the place of deemed receipt on a day that is not a Business Day, deemed receipt is to take place at 9am on the next Business Day.
13. FORCE MAJEURE
13.1 In the event that either party is prevented from fulfilling its obligations under these Terms and Conditions by reason of any supervening event beyond its control including but not limited to war, national emergency, flood or earthquake the party shall not be deemed to be in breach of its obligations under these Terms and Conditions.
13.2 The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
14.1 No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.2 Unless specifically provided otherwise, rights and remedies arising under these Terms and Conditions are cumulative and do not exclude rights and remedies provided by law.
15.1 If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect.
15.2 If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
16. RIGHTS OF THIRD PARTIES
16.1 The parties to these Terms and Conditions do not intend that any term of these Terms and Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to them.
17. NO ASSIGNMENT
17.1 The Client may not assign or transfer or purport to assign or transfer any of its rights or obligations under these Terms and Conditions without the prior consent in Writing of the Supplier.
18. LAW AND JURISDICTION
18.1 These Terms and Conditions and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
18.2 The parties hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
19. GDPR COMPLIANCE STATEMENT
19.1 Campbell and Law Building Services Limited respects and complies with the EU General Data Protection Regulations (GDPR).
20 CALL OUTS
20.1 The Company undertakes to use their best endeavours to respond to callouts by Customers in accordance with the time specified in the Quotation, or within a reasonable time period.
20.2 All call outs or emergency out of hours calls will be attended by an engineer representing Campbell & Law Building Services Limited. At such time of attendance, the engineer is to only make safe of equipment in relation to the original call out.
20.3 For the avoidance of doubt such times given to the Customer shall not create a contractual obligation to attend the call out on such date or time and accordingly no liability shall be accepted by the Company for any direct or consequential loss arising from the delay in responding to the call out.
20.4 All call outs by the Client are chargeable in full by the Company. Minimum charge of four hours, which includes travel to site and thereafter an hourly rate will be charged.
20.5 The Company may use contractors to undertake works and during such times, additional costs maybe incurred on works not relating to the planned works or quotations which will be passed onto the Client.
20.6 Client’s PPM Agreement does not cover call out charges, which fall both within and out of hours, it also does not cover additional works and parts.
Campbell and Law Building Services, Terms and Conditions apply at all times and will be issued upon request.