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| 1 | Definitions The following terms shall have the meaning set out below for the purpose of these Terms and Conditions: ‘Customer’ means the individual or company requiring the Service ‘Fire Appliances’ means the fire extinguishers, alarms, and dry risers located on the Customer’s premises ‘Service’ means the repair, maintenance, and if required, replacement of the Fire Appliances ‘Service Price’ means the price of the Service ‘Year’ means a 12 month period from the date of any increase in the Service Price [in accordance with clause 9] |
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| 2 | The Company shall provide the Service in accordance with British Standards BS5306, BS5266 and BS5839. |
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| 3 | The Customer acknowledges and agrees that it is the responsibility of the Customer to ensure that the Fire Appliances on their premises are sufficient and subject to regular maintenance. The Company can provide the Service each month, quarter, six months or annually as recommended by the relevant British Standard. |
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| 4 | The Company shall Service the Fire Appliances which are available on the Customer’s premises at the time of the Service, and only where reasonable facilities are provided for the Company’s service engineers to carry out their duties. |
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| 5 | During each Service, the Fire Appliance(s) shall be examined and a report will be given to the Customer of their condition(s). If any are found to be defective, they shall be refilled and/or repaired by the Company, the cost of such work to be charged separately. If a Fire Appliance is deemed to be beyond repair by the Company, it will be removed from the Customer’s premises and disposed of in an appropriate manner by the Company. |
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| 6 | In order to provide a competitive Service Price to our Customers, if following the Service, the Company advises the Customer that further fire equipment is recommended or any of the Fire Appliances requires replacing; the Customer shall be required to obtain any such replacement(s) from the Company. |
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| 7 | The Company’s aggregate liability under the agreement (whether in respect of breach of contract, breach of statutory duty, misrepresentation, tort or otherwise) shall be limited to the cost of replacing or Servicing the Fire Appliance(s). However, nothing in this agreement shall limit or exclude the Company’s liability for (i) fraud or fraudulent misrepresentation or (ii) personal injury or death resulting from the Company’s negligence. |
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| 8 | The Company shall not be liable to the Customer in contract, tort or otherwise, for any loss (whether direct or indirect) of profit, business or revenue or for any indirect or consequential loss, damage, cost or expense of any kind whatsoever or howsoever caused. |
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| 9 | The Company reserves the right to increase its Service Price, including the cost of Fire Appliances; on an annual basis (the Company at all times action reasonably). |
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| 10 | This agreement for continuing Service may be terminated by either party giving the other no less than three months notice in writing. If the Customer fails to provide the required period of notice as set out in this clause, the Company shall have the right to charge the Customer a £50.00 administration fee. |
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| 11 | Payment is strictly 30 days from invoice date. The credit charge shall be deducted from the invoice amount if payment is made before 30 days. |
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| 12 | The title of the goods does not pass to the Customer until payment is received in full. |
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| 13 | It is the Customer’s responsibility to ensure that their representative who signs on behalf of the Customer is authorised to do so. |
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| 14 | Should any provision of this agreement become illegal or void for any reason, the validity of the remaining provision shall not be affected. |
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| 15 | No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to it. |
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| 16 | Hard copy certification will only be sent as requested when payment is received; please note: this service has an administration fee. |
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| 17 |
Fire extinguishers supplied by the Company are covered by a limited warranty against defective materials or workmanship. The Company shall either repair or replace such defective extinguishers, at our option, free of charge provided that an extinguisher has been maintained by the Company on an annual basis since installation. This warranty does not cover defects caused by neglect, improper environmental conditions or accidental damage. Normal service consumables are not covered. |
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