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TERMS & CONDITIONS
1. Definition and Interpretation
In these circumstances the following words have the following meanings:
"The Company" means Arrow Mechanical & Electrical Limited (Company Registration Number: 6009143 whose registered office is at 502 Lickey Road Rednal, Birmingham, West Midlands, B45 8UU.
"The Customer" means the person or company identified on page 1 of the Contract.
"Contract" means these Terms and Conditions between the Company and the Customer setting out the parties, the Goods and Services and the Purchase Price.
"Goods and Services" being those Goods and Services described on page 1 of the Contract together with the plans and layout plans signed by the Company and the Customer attached to the Contract.
"Quotation(s)" means to supply in writing a purchase price for Goods and Services to the Customer for approval.
"Orders" means purchase of Goods and Services by the Customer subject to the Company's final acceptance.
"Purchase Price" means the price agreed between the parties for the Goods and Services in accordance with the Contract.
2. Form of Contract
2.1 All Quotations and Orders are subject to these Terms and Conditions unless a variation is agreed in writing between the Customer and the Company.
2.2 Unless stated, the Quotation acceptance period is 28 days from date of the Quotation.
2.3 The Purchase Price does not include VAT which will be paid additionally by the Customer to the Company at the then prevailing rate, if applicable.
2.4 Any clerical errors or omissions may be corrected by the Company without liability.
2.5 The Purchase Price may be amended by the Company in line with any significant change in raw material or any other factor beyond the control of the Company.
2.6 The Customer is not permitted to retain any of the Purchase Price.
2.7 The Company may employ contractors to carry out any part of its obligations under these Terms and Conditions at its sole discretion and it may assign its rights and obligations under these Terms and Conditions to any other party. The Company acts as principal in all contracts save where expressly agreed to the contrary. The Customer may not assign its rights and obligations under this Contract without the written consent of the Company. No main contractors discount will be applied to the Purchase Price.
2.9 All reasonable effort should be made by the Customer to ensure that the premises where the Good and Services are to be performed and installed are cleared of all chattels and rubbish so that the Company may perform the installation of the Goods and Services without delay.
3. Acceptance
3.1 Each order for Goods and Services shall be deemed to be an offer by the Customer to purchase the Goods and Services subject to these Terms and Conditions.
3.2 Once the Order is accepted by the Customer Orders cannot be cancelled by the Customer the without written approval of the Company.
3.3 Once the Order is accepted, the Company reserve the right to charge for the Goods and Services that have been made or in the process of making or any work carried out prior to date of cancellation.
4. Payment
4.1 Payment for the Goods and Services is within 30 days from the date of the Company's invoice unless otherwise advised by the Company to the Customer.
4.2 Forty percent of the Purchase Price shall be paid by the Customer to the Company on signing of this Contract and the remaining balance shall be paid by the Customer to the Company pay way of a staged weekly payment as set out on page 1 of the Contract until the Contract Price has been paid in full.
4.2 If any sum due to the Company from the Customer under the Contract which remains outstanding after the time period referred to in clause 4.1, the Company shall:
4.2.1 Charge the Customer interest calculated at 5% above Base Rate of the Bank of England on all outstanding amounts on a daily basis until the Company is paid in full.
4.2.2 Charge the Customer a monthly administration charge of £110.00 until the Company is paid in full.
4.2.3 Charge the Customer any legal fees and other costs incurred pursuing any outstanding amounts.
4.2.4 seize and retain and or all of the Goods and Services until final payment of the Purchase Price and all outstanding amounts has been paid by the Customer to the Company. The Customer acknowledges that until final payment of the Purchase Price has been paid to the Company the Company reserves the right to enter the Customer's premises by any way or force as required to remove the Goods and Services should full payment of the Purchase Price and any outstanding amounts not be received.
5. Title
Title for any Goods and Services shall not pass to the Customer until the Purchase Price has been paid in full.
6. Variations
6.1 No contract shall be concluded between the Company and the Customer on these Terms and Conditions or otherwise except by authority of a Director or other expressly authorised signatory of the Company.
6.2 Any variation of the Contract (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director or other expressly authorised signatory of the Company.
7. Illustration, Drawing Literature or Photographs (DWG)
The Company gives no warranty to the Customer that any plans, illustrations, photographs and literature supplied to the Customer with the Quotation will be final representation of the Goods and Services.
8. Miscellaneous
8.1 The terms of this Contract represent the whole agreement between the parties and all other warranties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise relating to the provision of any Goods and Services under or in connection with the Contract including (without limitation) as to the condition, quality, performance or the standard of care used in the provision of Goods and Services are hereby expressly excluded from the Contract.
8.2 The Company shall not be liable under contract, tort (including negligence) or otherwise for any loss of production, loss or corruption of data, loss of profits or of contracts, loss of operation time, loss of goodwill and loss of anticipated savings, nor for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.
8.3 Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Contract due to any act of God, war, strike, lock-out, industrial action, fire flood, drought, tempest or other event beyond the reasonable control of either party.
8.4 This Contract will be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the jurisdiction of the courts of England and Wales.
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Registered address: Arrow Mechanical & Electrical, Unit B, 502 Lickey Road, Cofton Hackett, Birmingham B45 8UU.
Company Registration No. 6009143. VAT No. 934 5465 08.
© Arrow Mechanical & Electrical Ltd
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