Standard Terms & Conditions
1. Our prices for goods supplied or work done are based on the cost to us of goods, materials, labour and transport (including the cost of conforming with obligations imposed by statute Government Order) ruling at the date of our Estimate or in the absence of an Estimate when such prices were agreed. In the event of any increase in such costs after the date of our Estimate or agreement and before delivery of the goods or completion of the work we reserve the right to make a corresponding increase in our prices.
2. In the event of our incurring additional costs in carrying out our work for the customer unknown to us at the date of our Estimate or the date when the contract was entered in to we reserve the right to charge the customer with such additional costs.
3. Estimates, designs, drawings or plans prepared by us for the information of the customer remain our property. They must not be submitted to or otherwise copied or otherwise made use of by any other party.
4.1 The following provisions set out our entire liability (including any liability for the acts and omissions of our employees to the customer in respect of:
4.1.1 any breach of its contractual obligations arising under this agreement; and
4.1.2 any representation statement or tortuous act or omission including negligence arising under or in connection with this agreement. AND THE CUSTOMERS ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISION OF THIS CLAUSE
4.2 Any act or omission on the part of us falling within clause 4.1 above shall for the purposes of this clause be known as an "Event of Default".
4.3 Our liability to the customer for death or injury resulting from its own or that of its employees' negligence shall not be limited.
4.4 Subject to the limit set out in clause 4.5.1 below we shall accept liability to the customer in respect of damage to the tangible property of the customer resulting from our negligence.
4.5 Subject to the provisions of clause 4.3 above our entire liability in respect of any Event of Default shall be limited to damages equal to the aggregate of the Charges paid by the customer hereunder.
4.6 Subject to clause 4.3 above we shall not be liable to the customer in respect of any Event of Default for loss of profits goodwill or any type or special indirect or consequential loss (including loss or damage suffered by the customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of the customer incurring the same.
4.7 If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under this agreement.
4.8 The customer hereby agrees to afford us not less than 7 days in which to remedy any Event of Default hereunder.
4.9 Except in the case of an Event of Default arising under clause 4.3 above we shall have no liability to the customer in respect of any Event of Default unless the customer shall have served notice of the same upon us within 7 days of the date it became aware of the circumstances giving rise to the Event of Default or the date when it ought reasonably to have become so aware.
4.10 The customer acknowledges that it has tested and approved our workmanship.
4.11 Nothing in this clause shall confer any right or remedy upon the customer to which it would not otherwise be legally entitled.
5. Unless otherwise agreed in writing these Terms and Conditions apply to all contracts entered into by us to the exclusion of any Terms and Conditions contained in the customer's order which conflict or purport to modify these Terms and Conditions and to the exclusion of any conditions or warranties by common law or statue.