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Clause 1 - Definitions
In the
context of these conditions the word "company" will be
construed as meaning Calverton Control.
The word "customer"
will be construed as the company or his representative who has
placed the order for the work to be carried out.
The
word "goods" means the articles or things, and the word "services"
means the work described in the order.
Clause 2 -
Official Order.
Work will commence when an official order
has been received from the customer. This can be either by
printed copy, facsimile, or email. All must bear an official
order number, along with a description of the work to be carried
out, or by reference to a quotation supplied by the company.
A verbal order number will be accepted, but this must be followed
up by an official order within 1 week. Goods will not be
ordered by the company until an official order in writing has been
received.
Clause 3 - Quotation.
All
quotations will contain a brief description of the work to be
carried out, along with delivery dates and prices. On larger
jobs these will be split into sections, i.e. design, build,
install, commission etc.
All quotations are based on the
information given to the company at the date on the quotation.
These will be strictly adhered to by the company with the
exception of Clause 4 - Delivery and Clause 5 -
Pricing.
Clause 4 - Delivery.
On
acceptance of an order, either in writing or if the contract is
started by the company, all delivery dates will be binding with
the following exceptions.
a) If it is found that when
an order is received from the customer the delivery date cannot be
met, a new delivery date will be negotiated and the new date will
be confirmed in writing by the customer before starting the
contract.
b) All dates given are estimated from
information gained from other sources, one of these will be the
company's suppliers. If it is found that the supplier cannot
supply the equipment in time, then the company will immediately
inform the customer, so that a variation to order can be
negotiated. The company will however endeavour to keep to
the original delivery date, by seeking alternative suppliers, even
if additional costs are involved.
c) It is recognised
by the company, that the customer may for some reason have to move
the delivery dates. This alteration must be communicated to
the company at the earliest opportunity, so that the necessary
adjustments and arrangement can be made, so as not to incur the
company in any additional cost. If by default by the
customer additional cost are incurred, then the company reserves
the right to negotiate additional payment to cover the extra
costs.
Clause 5 - Pricing.
All prices
submitted are a best estimate at the time of quotation, on
information in the company's possession at the time. It is
realised by the company that especially with the new larger
machines that some minor changes to the design may have to be
made, some of which may be suggested by the company, these minor
changes are in-built into the quotation.
If for any reason
major changes to the design are made, or for any other reason, the
company is involved in additional work, then the company will
reserve the right to negotiate an additional cost, in writing, for
the extra work involved.
If at any time a verbal instruction
is given for extra work, and the additional work is carried out
immediatly on receipt of the instruction, a letter will be sent as
soon as possible after the verbal instruction, detailing the extra
work carried out, the name of the person giving the instruction,
and the cost involved. The costs will be as per our rates at
the time of theverbal instruction. This verbal agreement
will be binding.
If for any reason during site commissioning,
i.e. late delivery of equipment, production requirements etc.
additional work is required over and above the original contract.
The company will immediately, first verbally and then in writing,
inform the customer of the extra work involved. Any extra
work will not commence until an agreement is reached as to the
extent of the extra work involved and the method of payment for
the extra work. This agreement can be verbal at the time,
but will be followed up as soon as possible in writing by the
company.
Clause 6 - Payment.
Invoices will
be submitted on completion of the contract. In the case of
larger contracts, payments will be in stages, these stages will be
shown on the original quotation and/or customer order, invoices
will be submitted on completion of each stage of the contract.
All invoices must be paid within 30 days of invoice date. If
payment is not received by the last Thursday of the month when the
invoice should be paid, the company will reserve the right to
invoice for interest on the amount outstanding at the rate of 2%
per calendar month.
Any exception to the above payment terms
and date, must be shown on the official order submitted by the
customer, this variation to payment terms and date, will be deemed
to be accepted by the company on starting work on the contract.
Clause 7 - Passing of Property.
Without
prejudice to any right of rejection accorded to the customer under
these conditions, ownership of any goods supplied shall pass to
the customer at any time when payment has been received by the
company for the contract or part of the contract when the goods
should be delivered, i.e. on payment for the goods.
The
copyright of all designs hardware and software supplied will pass
on to the customer, on completion of contract and the full payment
of such, except where the document or file contains a copyright
mark belonging to the company, or to any other person or
manufacturer.
Clause 8 - Warranty.
If at
any time after delivery, the customer gives notice to the company
of any defect in the goods which shall arise in the proper use
from faulty design, materials or workman ship, then the company
shall, with all possible speed, replace of repair the goods so as
to remedy the defects without cost to the customer, with the
following exceptions.
a) Any goods supplied to the
company by a manufacturer or supplier of those goods, the company
will replace those goods within the manufacturers warranty terms
and conditions.
b) Software is written and fully
tested to be safe in operation and free from bugs (defects) as far
as is humanly possible. It is possible that some software
bugs may be present when the machine is passed off by the
customer. The company will rectify any such bugs in the
software without cost to the customer for the first two full
calendar months after acceptance of the machine by the customer.
After this time it will be deemed that all software is free of
defects.
Clause 9 - Indemnity.
The
customer shall indemnify the the company in respect of all damages
or injury occurring to any property and against all actions,
suits, claims, demands, costs, charges or expenses arising in
connection therewith to the extent that the same shall have been
occasioned by negligence of the customer his servant or agent,
during such time as he or they were entering onto or departing
from any equipment or goods being commissioned or any premises
owned by the company for any purpose connected with the contract
or order, except that the customer shall not be liable to the
company for any damage or injury to the extent that the same is
caused by or arises out of acts or omissions of the company or
others not being the customer servants or agents.
Clause
10 - Law of Contract.
Unless otherwise stated the
contract shall be subject to English law. |
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