1. The Services, Materials or Goods to be supplied as referred to in the attached quotation are subject to these terms and conditions and Gas Technical Services (UK) Ltd will not accept any other terms unless it is with the written agreement of an authorised Director of Gas Technical Services (UK) Ltd. The employees and agents of Gas Technical Services (UK) Ltd are not authorised to make any representations concerning the services, materials or goods unless confirmed by Gas Technical Services (UK) Ltd in writing. In entering into any contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.
DEFINITIONS:-
"The Customer" means the person, firm or company to whom Gas Technical Services (UK) Ltd agrees to sell or supply services, materials or goods.
"Service" means respectively the services, materials or goods detailed on the attached quotation.
"Materials" and "Goods" which Gas Technical Services (UK) Ltd is to sell detailed on the attached quotation which Gas Technical Services (UK) Ltd is to sell or supply.
"Specification" means the specification of the Goods, Materials or Service provided by Gas Technical Services (UK) Ltd.
"Site" means the place at which Gas Technical Services (UK) Ltd are to provide its services to the customer.
2. The price stated in the attached quotation is exworks and subject to an addition in respect of VAT. This offer is open for acceptance for within 30 days from the date of the quotation and after that the dates Gas Technical Services (UK) Ltd may amend the price of withdraw the offer.
The price may also change if:-
(a) There are any defects in the existing installation.
(b) The Customer indicates that he requires the installation as a matter of urgency after the quotation has been accepted or if the customer requires any changes in the Specification.
(c) Installation is delayed and is attributed to the Customer.
(d) Gas Technical Services (UK) Ltd considers it necessary, in its discretion to take into account any unusual or special circumstances.
3. The price stated on the attached quotation is based on midweek working rates (8.30am -5.00pm) Monday to Friday, unless otherwise agreed and specified in writing by Gas Technical Services (UK) Ltd.
4. The Specification or any part set out in the attached quotation is confidential and will not be disclosed or used except for the purpose of Gas Technical Services (UK) Ltd undertaking the work.
5. The Customer shall pay the costs of the work done and Materials supplied within 30 days of the date of the Gas Technical Services (UK) Ltd invoice unless agreed with a Director of the Company. Gas Technical Services (UK) Ltd may require interim payments and payment shall be made within 30 days of any interim account. All payments shall be made without any deduction or deferment in respect of any disputes or claims whatsoever.
Time for payment shall be of essence and if Gas Technical Services (UK) Ltd does not receive payment of any of its invoices or interim accounts within the above time limits, interest may be charged on the sum owing to Gas Technical Services (UK) Ltd at the rate of 5% over the Base rate of the Bank of England from time to time in force, from the due date until the date of payment.
6. If the attached quotation is accepted and subsequently cancelled by the customer either wholly or in part and for whatever reason, the Customer shall upon demand reimburse Gas Technical Services (UK) Ltd any costs or expenses including payments to third parties, which have been incurred by Gas Technical Services (UK) Ltd. If the customer at any time wishes to vary the specification with the prior written consent of Gas Technical Services (UK) Ltd, the customer shall reimburse Gas Technical Services (UK) Ltd costs to date and shall accept reasonable postponement of the work.
7. Gas Technical Services (UK) Ltd will make all reasonable efforts to complete work agreed by the agreed date but will not be liable for any losses consequential or otherwise due to any delay and time of completion shall not be of essence.
8. No allowance has been made for rectifying defects on the existing installation.
Gas Technical Services (UK) Ltd will not accept responsibility for making good and damage, building or decorating costs unless they are either by reason directly of Gas Technical Services (UK) Ltd owns negligence or they are referred to in the Specification.
Gas Technical Services (UK) Ltd cannot accept any responsibility for damage, losses or consequential or otherwise which may be caused if fitted carpets and other floor coverings have to be taken up or removed.
9. Gas Technical Services (UK) Ltd will not provide any Building or structural works unless otherwise agreed and specified in the quotation.
10. Gas Technical Services (UK) Ltd will not provide any electrical work unless otherwise agreed and specified in the quotation.
11. Gas Technical Services (UK) Ltd that you the Customer make provision for the testing of the earthing and bond connection via a qualified electrician with adequate test equipment.
12. Gas Technical Services (UK) Ltd will if it feels necessary, employ contractors to carry out all or part of the work.
13. The Customer shall undertake to comply with the Asbestos (Licensing) Regulations 1983 affording safe means of access for Gas Technical Services (UK) Ltd employees and their contractors and shall provide proper protection and adequate for that purpose. Where the Asbestos (Licensing) Regulations 1983 apply the time for installation shall be extended to accommodate any requirements necessary for the purpose of the Act.
14. The Customer agrees to provide all means of access and storage requirements requested by Gas Technical Services (UK) Ltd for the purpose of the work. The Customer also agrees to provide, free of charge, reasonable use of water, eating and toilet facilities.
15. The Customer shall be responsible for the safety of any equipment or Materials belonging to Gas Technical Services (UK) Ltd left on the site and any equipment, Materials or work left uncompleted and shall indemnify Gas Technical Services (UK) Ltd from and against loss or damage to such equipment, Materials or work.
The Customer shall take every practicable precaution to ensure that no damage or injury to any property or persons is caused as a direct consequence of Gas Technical Services (UK) Ltd operations. The customer shall satisfy any claims for such damage or injury. The Customer shall also indemnify Gas Technical Services (UK) Ltd against any types of claims or actions as a direct or indirect consequence of the Gas Technical Services (UK) Ltd operations that nothing in this condition shall render the Customer liable for any negligence by Gas Technical Services (UK) Ltd or its contractor.
16. (1) The risk in the Goods shall pass upon delivery of the Goods to the Customer or any carrier acting on behalf. If the Customer fails to collect the Goods from Gas Technical Services (UK) Ltd premises on the date specified or it fails to take delivery or Gas Technical Services (UK) Ltd is unable to despatch the Goods because of the Customers acts or omission, the risk in the goods shall pass to the Customer at the time when it should have collected the Goods or taken delivery.
(2) The property in the goods shall not pass to the Customer until the full price of the Goods, and goods which are subject of any contract between Gas Technical Services (UK) Ltd for which payment is due, is paid.
(3) Until such time as the property in the Goods passes to the Customer:
a. They shall be held by the Customer in a fiduciary capacity and stored by the Customer at its premises in such a manner that they are clearly identifiable as Gas Technical Services (UK) Ltd Goods and shall be kept separate from any other goods, whether or not supplied by Gas Technical Services (UK) Ltd, but Customer shall be entitled to resell or use the Goods in the ordinary course of its business: and
b. The Customer shall insure the Goods to the full replacement value of the goods and shall note Gas Technical Services (UK) Ltd interest on the policy: and
c. The Customer shall not pledge or charge the Goods and if the Customer breaches this clause, the Price shall become immediately due and payable, notwithstanding and previous agreement or arrangement to the contrary: and
d. They shall be handed over to Gas Technical Services (UK) Ltd on demand and Gas Technical Services (UK) Ltd shall be entitled to re-take possession of them with out prejudice to any of its other rights against the Customer; and Gas Technical Services (UK) Ltd is granted a licence to enter into the Customers premises for the purpose of recovering the goods.
(4) If the customer fails to pay for the Goods in accordance with these terms, Gas Technical Services (UK) Ltd will have the right to bring an action against the Customer for the price of the Goods at any time notwithstanding that property in the Goods has not passed to the Customer.
17. If the customer becomes insolvent or (being a company) makes an arrangement with its creditors or has a receiver appointed or commences to be wound up (other than for the purposes of amalgamation or reconstruction) Gas Technical Services (UK) Ltd may without prejudice to any other of its rights, terminate this contract and Gas Technical Services (UK) Ltd shall be entitled to payment for work done.
18. Gas Technical Services (UK) Ltd only warrants that the Goods and Materials supplied will be free from defects in Material and Workmanship for the period of the guarantee set out in the quotation, provided the Customer gives Gas Technical Services (UK) Ltd written notice of any such defect in Materials and Workmanship within 14 days from its manifestation. Gas Technical Services (UK) Ltd warrants that the Services will be provided with reasonable care and skill. Gas Technical Services (UK) Ltd sole obligation in respect of a breach of these warrants shall be to replace the Goods or Material or repeat the Services found not to conform to the warranties at its own expense and within time, or to refund an appropriate part of the price. Gas Technical Services (UK) Ltd shall not be liable to the Customer for any loss, damage or costs or for any other claims brought against Gas Technical Services (UK) Ltd arising form works done and Materials supplied except as expressly set out in these conditions. In event Gas Technical Services (UK) Ltd maximum liability shall not exceed the price of the Goods, Materials and Services, provided that Gas Technical Services (UK) Ltd does not limit or exclude claims relating to death or personal injury caused by negligence of Gas Technical Services (UK) Ltd.
19. Except as expressly set out in these conditions and in Section 12 of the Sale of Goods Act 1979 and Section 2 of the Supply of goods and Services Act 1982 all conditions and warranties, express or implied, as to the quality or fitness for any purpose of the goods or Materials or as to the provision of the Services are expressly excluded.
20. Receipt of an official Purchase Order against this quotation shall be deemed as acceptance of Terms and Conditions.
21. These terms and conditions shall be governed by the laws of England where any services supplied by Gas Technical Services (UK) Ltd amount to "construction operations" within the meaning of the Housing grants Construction and Regeneration Act 1996 then any dispute arising in respect of the services shall be dealt with in accordance with the "Scheme for Construction Contracts" as set in the relevant Act.