TERMS & CONDITIONS

1.        Definitions

        In these terms and conditions

1.1.       All quotations are made and all orders are accepted and deemed to have been placed subject to the following terms and conditions

1.2.       In these conditions “The Company” means  “restronics”.

1.3.       “The Client” means the party by whom or on whose behalf (whether directly or indirectly including by virtue of a pre-existing contract with a third party) the Company is requested to provide the Services.

1.4.       “The Services” means the services set out in clause 2 hereof.

1.5.       “The Equipment” means the equipment or machinery in respect of which the Services are to be provided.

1.6.       “The Warranty Period” 28 days after the despatch of the Equipment or in the case of Equipment covered by a manufacturer’s warranty, but not any extension of any such warranty entered into by voluntary agreement by the Client whether free of charge or in return for some payment) the period until the expiry of the manufacturer’s warranty provided that the existence and terms of such warranty have been notified to the Company on or before its collection of the Equipment and provided said warranty is valid and enforceable.
 

2.        Services

2.1.       The Services provided by the company consist of restoration by cleaning and restoration, as specified in the Company’s acknowledgement of order.  The term “restoration” is subject to Clause 7.1 hereof and does not include repair.  However if so specified by the Client the Services can also include repair work.  The Company shall, as agent for the Clients, contract for the carrying out of repair work and include the costs thereof, together with its own incidental expenses, if any, in its invoice.

2.2.       The equipment in respect of which Services are provided is specified in the Company’s acknowledgement of order.

2.3.       The Services will be performed in the Company’s workshops.  The Client shall be responsible for the cost of storage, transportation and insurance of Equipment to and from the Company’s workshops in accordance with the Company’s current scale of charges.

2.4.       The Client shall be responsible for obtaining any permissions required to enable the Company to carry out the Services and shall confirm to the Company that such permissions have been obtained prior to commencement of the work.  The Client warrants that the Equipment is the sole and exclusive property of the Client.
 

3.        Rates and Prices

3.1.       The rates applicable to the Services provided shall be as stated in the Company’s acknowledgement of order.

3.2.       All rates and prices quoted are inclusive of Value Added Tax unless specified otherwise.
 

4.        Payment Terms

4.1.       The company requires payment within 30 days of the date of invoice.

4.2.       In the event that the Client’s insurance company requires an independent report concerning the Client’s claim neither the requirement nor any such report shall in any way affect the amount due to the Company hereunder or the terms of payment applicable thereto.

4.3.       The Client shall not be entitled to withhold payment for the Services in the event of dissatisfaction with the Services of any contractor engaged by the Company for the purposes of repair of the equipment.  The Services provided by the Company shall be paid for in accordance with the terms of Clause 4.1 hereof.
 

5.        Completion Time

5.1.       Any times quoted by the Company for the completion of the Services is an estimate only and in no event shall the Company have any liability for failure to complete within such time or for any damages or loss howsoever arising.
 

6.        The Client

6.1.       The Client shall fully inform the Company before commencement of any works of any special technical characteristics of the Equipment.
 

7.        Warranty

7.1.       In carrying out the Services the Company shall use all reasonable skill and care but the Company shall have no obligation to restore the Equipment to meet any particular specification.

7.2.       The Company will rectify by appropriate revision and correction of the work done any deficiency in the operation of the Equipment which is notified to the Company in writing within the warranty period aforementioned in Clause 1.7 provided that the Client has permitted the Company to carry out any after treatment deemed necessary by the Company and has not allowed third parties to work on the Equipment except within the Company’s prior approval and provided that the Equipment has not suffered any further damage in the meantime.  As an alternative to such rectification the Company shall have the right as its option to replace the Equipment or pay the cost of such replacement.  Upon such rectification or replacement the Equipment shall become the absolute property of the Company and the Client will take reasonable care of the Equipment until such time as it has been collected by or delivered to the Company.  The Client will if requested by the Company assign to the Company the benefit of any warranty or guarantee in existence relating to the Equipment.

7.3.      Save as provided in Clause 7.2 the Company shall not be under any liability in contract, tort or otherwise in respect of defects or deficiencies in the work carried out, or for any injury (other than personal injury caused by the Company’s negligence as defined in Section 1 of The Unfair Contract Terms Act 1977 or any revision thereof) damage or loss resulting there from.

7.4.      In the event that the Company engages the services of a contractor for the purposes of repair of the Equipment, as provided under Clause 2.1 hereof, it shall not be under any liability in respect of any defects or deficiencies in the work carried out by the said contractor.
 

8.        The Company’s Liability

8.1.      The Company will indemnify the Client against the direct damage or injury to the Client’s property or person or that of others to the extent directly caused by the negligence of the Company, its sub-contractors or agents, by making good such damage to property or compensating personal injury, provided that

8.1.1.  in the case of loss or damage to the Equipment the Company’s liability shall be limited to the market value of the Equipment immediately prior to the loss or damage and shall be subject to the limit referred to in sub-clause 8.1.2. hereof and

8.1.2.  the Company’s total liability for damage to the Client’s property (including damage caused by the Company’s breach of contract, tort or breach of statutory duty) shall not exceed £10,000.00 (ten thousand pounds) and

8.1.3.  the Company shall not be liable to the Client for any loss of profit or contracts or save as aforesaid, for any loss or damage of any kind whatsoever and whether caused by the Company’s breach of contract, tort, breach of statutory duty or otherwise howsoever.

8.2.       Save as provided in Clause 7 the Company shall not be liable for damage or injury occurring after the return of the Equipment to the Client.  The Client assumes all liability for accidents and damage caused by or arising out of the condition or nature of the Equipment not disclosed to the Company and not apparent on reasonable examination of the Equipment by the Company.

8.3.       Each of the Clauses 7.1 to 7.4 and 8.1.1 to 8.1.3 and 8.2 is to be construed as a separate limitation (applying and surviving even if for any reason one or other of the said Clauses is held inapplicable or unreasonable in any circumstances) and shall remain in force notwithstanding termination of this Contract.
 

9.        General

9.1.       Should the Company become aware of any defects in the Equipment in the course of carrying out the Services such defects may be noted and reported to the Client but the Company shall have no obligation in respect thereof.

9.2.       The Company shall take all reasonable precautions to avoid or minimise damage to the Equipment in order to enable the work to be carried out.
 

10.      Law and Jurisdiction Applicable

10.1.    The contract shall in all respects be construed and operate as an English contract and in conformity with English Law and the English Courts shall have exclusive jurisdiction over any matter arising out of the contract.