Terms and Conditions of Sale
1) All goods and/or services on behalf of Firetec UK Limited (hereinafter referred to as the Company) are sold subject to the following terms and conditions.
2) The tender is based upon the price ruling as of today’s date. The prices are open for acceptance for a period of 30 days. Due to the current worldwide situation regarding availability and cost increases of steel products we cannot offer a fixed price. Our tender price is therefore subject to review at the date of order placement and in relation to the procurement and construction programme for the works. The base date will be the date of this offer.
3) All sales are strictly 30 days – 100% payment against invoice/application unless otherwise stated (subject to credit checks). Levies or duties shall be borne by the purchaser unless otherwise stated. Supply only prices excludes carriage.
4) Our price does not include for Value Added Tax; in accepting our tender, the client hereby agrees to pay us all additional costs and taxes arising from the implication of the Value Added Tax properly chargeable on the work and due to us from H.M. Customs & Excise.
5) We have assumed that sufficient areas will be clear and available for our installation staff to work without disruption; that our operatives are able to use your welfare facilities whilst they are on site and that a suitable area will be provided to us for the storage of materials and tools etc.
6) It is a requirement of the Health & Safety (First Aid) Regulations 1981 the First Aid and welfare facilities and personnel trained in the use of First Aid are available at the place of work. We have not included for any of the above requirement and have assumed that we would be able to share those provided for you.
7) To comply with current legislation there is a requirement for our personnel, following arrival on site, to be inducted by your company representative in respect of all relevant Health & Safety matters appropriate for the period they will be employed on your premises.
8) We exclude the repair of any weakness, i.e. leaks etc, discovered during or after working on the existing sprinkler installation, or for any damage that may result from leakages from defects found in the existing system during or after testing.
9) This tender does not include any Contingency or Provisional Sums; insurance, other than Third Party Employers Liability Risks as covered by our current Insurance Policies; site preparation and adequate access facilities for plant and materials; electrical work; fire proofing and sleeving of pipework through walls, partitions etc; removal, or cutting of holes in ceiling tiles; builders work or work in other trades.
10) The Company undertakes to rectify any defects which are accepted by the Company as arising from defective material or workmanship in any products supplied by the Company, which under normal conditions of use develop within 12 months from the date of supply or installation (whichever is the sooner) provided that:
a) Immediate notice of defects is given in writing to the Company.
b) The defective products are returned to the Company carriage-paid within 12 months (UK mainland only).
c) Systems, which are supplied, installed and commissioned by the Company, may be eligible to have the warranty extended to 3 years subject to a valid ongoing service agreement with the Company.
d) Gaseous systems must have the first service carried out three months after the supply of the cylinder(s) NOT after commissioning or practical completion. The cylinder’s contents will not otherwise be warranted.
11) The property in the goods sold to the purchaser shall not pass to the purchaser until such goods have been unconditionally paid for in full, but the goods shall be at the purchaser’s risk once delivered or collected by him.
12) If for any reason the purchaser by his conduct renders the Company obligations impossible or performance or completion during the agreed normal working hours whether by any act or omission on his part the Company reserve the right to charge the purchaser in respect of any loss damage costs, or charges which may be incurred by the Company as a result of the purchaser’s conduct.
13) The purchaser shall accept delivery of, unload and provide suitable protection for all materials delivered. The material so delivered (whilst remaining the property of the Company until paid for in full) shall be at the risk of the purchaser after its re-entry upon the premises of the purchaser and the purchaser shall indemnify the Company in respect of any loss sustained thereafter.
14) When the equipment has been installed by the Company or its servants the contract shall be deemed completed after the final test has been carried out or after one month from the practical completion of the installation (whichever is the sooner) and the installation will thereafter be the entire responsibility of the purchaser.
15) The Company reserves the right to charge interest and collection fees on any payment in accord with the ‘late payment of commercial debts (interest) act: 1998’ and subsequent amendments.
16) For installation work, the purchaser shall supply access equipment, light and power suitable for the Company’s installers to carry out their work.
17) The Company’s quotation does not include builder’s work such as penetrations, making good, nor acceptance of the role of ‘principal contractor’.
18) The Company reserve the right to submit invoices for interim payments commensurate with the proportion of work completed and materials delivered.
19) All installation work assumes continuity of work, unhindered access and reasonable co-operation from the client, builders and other trades on site, etc.
20) Whilst every reasonable care is to be exercised by the Company and its personnel, commensurate with good practice, no consequential loss shall be
attributed to the Company’s action.
21) Any disputes whether over payment or contractual procedure shall be decided by binding arbitration, the arbitrator being appointed by the Chartered Institute of Arbitrators.