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|Terms & Conditions|
|1. DEFINITIONS: |
In these Terms and Conditions;
(a) “Client” means the person, firm or company from whom the order is received or such other party as HCSS may agree in writing to regard as the client for the purposes of the contract.
(b) HCSS means Home Counties Storage Systems Ltd.
(c) “Contract” means the contract entered into between the Client and HCSS by HCSS’s acceptance of the Client’s order, based on the terms set out in the Quotation, including these General Conditions.
(d) “Quotation” means HCSS’s quotation to perform the Works, or supply the goods, including any drawings and specifications referred to or included therein.
(e) “Site” means the Site or address described in the Quotation where the works are to be carried out or the Goods are delivered.
(f) “Works” means any works to be performed and/or services to be provided and/or goods and materials to be supplied by HCSS as described in the Quotation.
(g) Any reference herein to the terms set out in the Quotation or the works, services, goods and materials described therein shall be taken to include any variation thereto set out in the acknowledgement of order or otherwise agreed in writing by HCSS from time to time.
(a) The Quotation shall, unless previously withdrawn by HCSS, remain open for order for 30 days from the date thereof and shall lapse thereafter unless subsequently confirmed in writing by HCSS.
(b) The Quotation is open for order only on the basis of these General Conditions, provided that where there is any conflict or discrepancy between the terms of the Quotation and these General Conditions the terms of the Quotation shall prevail.
(c) Any order shall be an offer subject to acceptance in writing by HCSS or acceptance by starting to perform the order.
(d) Notwithstanding any other term hereof any term of the Quotation the acceptance by HCSS of an order pursuant to 2© shall be subject to the right of HCSS thereafter to terminate the contract without liability by notice in writing posted or sent by facsimile to the Client within 14 days of receipt of the order in the event that HCSS is not in its absolute discretion satisfied with the credit status of the Client. Any time set out in the Contract for performance of the contract shall be extended by 14 days to enable HCSS to carry out any credit checks considered necessary.
(a) The prices contained in the Quotation shall be correspondingly increased (subject to any statuary exception) where, between the date of the quotation and the completion of the works there are increases in the scheduled rates, materials prices, or other charges of HCSS where the client requests work to be performed by HCSS outside its normal working hours.
(b) Unless otherwise agreed in writing all prices given by HCSS exclude delivery
(c) The price is exclusive of Value Added Tax and any other taxes, duties, levies and expenses in respect of the Goods all of which shall be payable by the Client unless otherwise agreed in writing.
(a) Unless otherwise agreed in writing, payment by the Client shall be made by the due date as shown on the invoice. All payments must be made to HOME COUNTIES STORAGE SYSTEMS Ltd at 556 Ipswich Road, Slough Trading Estate, Slough, Berks. SL1 4EP or alternatively by credit transfer to MIDLAND BANK Plc, PO Box 160, Guildford, Surrey GU1 3YU (sort code 40-22-26 account 41806882).
(b) The Client shall not be entitled to and shall not purport to set off, withhold or deduct any payments claimed by or due to the Client under to contract or any other contact between the Client and HCSS.
(a) Any date stated for despatch or delivery are approximate only and HCSS accept no liability for loss or damage, either direct, indirect, or consequential, resulting from such delay or failure to deliver the Works for any reason whatsoever.
(b) Any delay in delivering the Works shall not give rise to a right by the Client to treat the Contract as repudiated or to reject the Works.
(c) If the Client refuses or failed to take delivery of the Works (Goods) at the time stated for delivery HCSS shall be entitled, as its discretion to store the Goods at the risk of the Client. The Client shall in addition pay all costs and expenses of such storage and any additional costs of carriage incurred.
(d) HCSS reserve the right to deliver by installments at its discretion. These conditions shall apply to each such delivery.
(e) The Client shall inspect the goods on delivery and shall notify HCSS in writing within 3 days of any shortage or damage in transit.
(f) The Client shall also on delivery mark the carriers delivery note the details of any visible defect or damage.
(g) HCSS will not consider any claims made by the Client in respect of shortages or defects unless these conditions are observed.
All drawings and specifications prepared by HCSS under the contract shall remain the property of HCSS and the copyright is reserved accordingly and no copies shall be made or extracts taken without the prior written consent of HCSS.
In the event of cancellation of the Contract at any time by the Client for any reason whatsoever, HCSS shall be entitled to make a cancellation charge which shall be paid by the Client within 28 days of notification of the charge by HCSS to the Client.
The following conditions shall apply in addition to the proceeding conditions where the Quotation provides for the installation of the Works.
(a) It shall be the sole responsibility of the Client to ensure that the floors and foundations upon which the Works are to be carried out are suitably surfaced (and comply with any tolerances required by HCSS) and are of adequate strength to support the Works and the maximum loads to be imposed on the Works.
(b) The Client shall at his own cost and prior to the date for commencement of the Works prepare the floors or surfaces on which the Works are to be installed in accordance with any requirements given to it by HCSS. In the event that the Client fails to comply with its obligations under this clause, on discovery HCSS may at its discretion refuse to commence or continue with the Works until such time as the failure has been rectified and the terms of clause 5 herein will expressly apply. Without prejudice to any other remedy that HCSS may have herein or otherwise any additional costs or expenses which HCSS may reasonably incur due to such floors or surfaces not being in accordance with any requirements given by it to the Client shall be invoiced by HCSS to the Client and paid by the Client. Notwithstanding anything contained herein or otherwise to the contrary HCSS shall have not responsibility for the proper working of the Works if the floors and surfaces on which the Works are installed are not in accordance with requirements given to the Client by HCSS.
(c) HCSS will not undertake or be responsible for any builders work or any other work which involves alterations to the structure (including the floors) or the foundation of any building on the Site unless included in the specification and/or the Quotation or otherwise agreed in writing between HCSS and the Client.
(d) The Client will provide at its expense secure waterproof accommodation for the storage of the Goods and HCSS’s constructional equipment and shall be responsible for providing all necessary security services on site in respect of the Works and the goods for incorporation in the Works.
(e) The Client will immediately prior to the date for commencement of the Works ensure that the Site for the construction is cleared and free from obstruction and that electricity services are at hand and functioning and the Client will further ensure *unless otherwise agreed in writing) that HCSS is enabled to carry out the installation of the Works as one uninterrupted operation to be completed during normal working hours.
(f) The Client shall obtain all necessary permissions and licences and conform with all Statutes and local laws and regulations affecting the Works and shall pay and indemnify HCSS against all fees payable in connection therewith.
(g) Any surplus goods delivered to the site shall remain the property of HCSS. The Client shall take all reasonable precautions for the safe custody and protection of such surplus goods until the time of their removal by HCSS.
(h) On completion of the installation of the Works the risk of loss or damage passes immediately to the Client at the time of notification to the Client of the physical completion of the Works.
HCSS shall without prejudice to any other right or remedy available to HCSS, and by giving notice in writing to the Client, be entitled to suspend or cancel any uncompleted part of the contract or stop any goods in transit or require any payment in advance or satisfactory security for further deliveries under the contract in the event that:
(a) The Client defaults in payment or is otherwise in breach of its obligations to HCSS under the contract or under any other contract with HCSS or;
(b) The Client makes a voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt commits an act of bankruptcy or (being a company) goes into liquidation; or
(c) An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Client; or
(d) The Client ceases, or threatens to cease to carry on business; or
(e) HCSS has reasonable cause to believe that any of these events is likely to
occur and notifies the Client accordingly.
All goods and materials supplied by HCSS shall remain the property of HCSS until paid for in full. Further all goods and materials supplied by HCSS shall remain the property of HCSS until the works have been completed and the Client has paid to HCSS all monies due and owing under the Contract. In the event of any default by the Client in payment under the Contract HCSS including but not limited to payment of the price for the Works in full) to enter upon the site and dismantle and remove any goods and materials supplied pursuant to the Contract and the Client hereby grants to HCSS an irrevocable licence to enter upon the Site for this purpose. This clause shall not reserve to HCSS ownership of materials or the right to remove the same to the extent that they have become affixed to land in consequence of which title shall have passed (other than where such title is voidable by the Client) to a person other than the Client, who is the owner of or has some other relevant interest in the said land. Notwithstanding reservation of title, the Client has authority to deal with and dispose of the goods and materials in the ordinary course of its business (holding the proceeds of sale separately in trust for HCSS to the extent required to meet all the sums due and owing to HCSS) unless and until HCSS shall withdraw such authority in writing in the event that the Client makes any default in payment or HCSS has reasonable cause to believe that such default may occur and on receipt of such notice the Client shall carefully preserve the goods and materials and permit HCSS to collect the same.
HCSS shall be entitled to employ sub-contractors on any part of the Works.
12. GOVERNING LAW
The construction, validity and performance of the Contract shall be governed by English Law and the parties shall accept the jurisdiction of the English courts.