1. These terms and conditions are incorporated into all contracts for the provision of any of the following services by Fire-rite UK LTD:
2. The General Terms and Conditions specified below shall apply to all Contracts as defined below. The Special Terms and Conditions applicable to the type(s) of services to which each Contract relates shall also apply and be incorporated into each such Contract.
The following expressions shall have the following meanings:
Company: Fire-rite UK Ltd.
Contract: the contract entered into by the Customer for the provision of the Services by the Company.
Customer: the person, firm or company who enters into a contract for the provision of Services by the Company.
Customer Address: the address designated as such in the Quotation.
Quotation: the document provided by the Company to the Customer setting out the charges payable for the Services requested by the Customer.
Price: the price for the performance of the Services, subject to variation pursuant to General Conditions 5 or 9 below, all prices exclude any VAT which shall be added and which shall also be payable by the Customer.
VAT: value added tax chargeable under English law for the time being and any similar or additional tax duty levy or charge.
3. These terms shall apply to the exclusion of all other terms and conditions or any inconsistent terms or conditions contained, or referred to, in the Customer's purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
4. The Customer's written acceptance of the Quotation, constitutes an offer by the Customer to purchase the Services specified in the Quotation on these Conditions. No offer placed by the Customer shall be accepted by the Company other than by:
5. Any variations to the Contract shall only be agreed on the previous written consent of the Company. This includes changes or additions to the location(s) for performance of Services intended to be covered by the Contract. The Company would not normally refuse its consent to substitutions or additions to the Contract on revision of price to reflect these changes.
6. The Company agrees to perform the Services in such a way as to ensure compliance with the Regulatory Reform (Fire Safety) Order 2005 and any subsequent amendment or replacement legislation, current British Standards, the relevant Manufacturers Instructions and industry best practice. The Company agrees to provide the Services through suitable staff either by means of professional qualification and/or relevant industry experience who are competent in the activities which they perform, and in any event in accordance with legal requirements for such staff.
7.The Company reserves the right to vary its prices for the Services to reflect any increase in costs incurred by the Company to meet new legislation standards and compliance
8. The Company reserves the right to charge a fee in advance or at time of order. Such conditions will be clearly included within the quotation document.
9. The Company is not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of Services or their application. Nothing in these terms restricts or limits the Company’s liability for death or personal injury resulting from its negligence. For all other liabilities not referred to elsewhere in these terms the Company’s liability is limited in damages to the price of the Services in question.
10. If the Customer wishes to cancel any part of the Services prior to commencement of the Services being provided, the Customer shall be liable to pay a cancellation fee. The amount of the cancellation fee shall be calculated as follows :
11. Any goods supplied to the Customer by the Company (including reports, appendices, manuals and materials) shall remain the property of the Company until full payment of all invoices relating to the supply of the goods in question. The Customer authorises the Company to have access to the premises to repossess any equipment and parts without further notice, unless title to such goods has passed to the customer.
12. Notices and communications relating to the Contract shall be served either
13. Any communication by email shall be accepted as in writing for the purposes of any contract incorporating these terms and conditions.
14. The Company shall be entitled to serve notice to terminate the Contract with immediate effect in the event that :
15. The formation and construction of the Contract and the performance of the Services shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
For Training Services
For Inspection and Maintenance Services
(a) a cancellation fee to the Company equal to the amount of the charges for the same service invoiced to the Customer in the period of 12 months prior to cancellation OR
(b) if such a period of 12 months has neither commenced nor has expired, then a cancellation fee equal to the anticipated charges for the same service in the first year of the Contract but subject (in either case above) to a deduction of 30%.”