Repair Terms & Conditions

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TERMS & CONDITIONS OF REPAIR WORK

1	Interpretation
1.1	In these Conditions: "CLIENT" (CUSTOMER) means the person named on the Specification Sheet for whom the Supplier has agreed to provide the Specified Service in accordance with these Conditions "CONTRACT" means the contract for the provision of the Specified Service "DOCUMENT" includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data "INPUT MATERIAL" means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Service "OUTPUT MATERIAL" means any Documents or other materials, and any data or other information provided by the Supplier relating to the Specified Service "SPECIFICATION SHEET" means the sheet to which these Conditions are appended "SPECIFIED SERVICE" means the service to be provided by the Supplier for the Client and referred to in the Specification Sheet "SUPPLIER" means Arrow Security Shutters Limited (CRN: 04156177) whose registered office is situated at Paragon Business Park, Chorley New Road, Horwich Bolton, BL6 6HG "SUPPLIER'S STANDARD CHARGES" means the charges shown in the Supplier's brochure or other published literature relating to the Specified Service from time to time
1.2	The headings in these Conditions are for convenience only and shall not affect their interpretation.
2	Supply of the Specified Service
2.1	The Supplier shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by the Supplier and the Client.
2.2	The Client shall at its own expense supply the Supplier with all necessary Documents or other materials, and all necessary data or other information relating to the Specified Service, within sufficient time to enable the Supplier to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material.
2.3	The Client shall at its own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. The Supplier shall have no liability for any such loss or damage, however caused. All Output Material shall be at the sole risk of the Client from the time of delivery to or to the order of the Client.
2.4	The Specified Service shall be provided in accordance with the Specification Sheet and otherwise in accordance with the Supplier's current brochure or other published literature relating to the Specified Service from time to time, subject to these Conditions.
2.5	Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in the Supplier's brochure or other promotional literature, may be made available on written request.
2.6	The Supplier may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client.
2.7	The Supplier may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
3	Charges
3.1	Subject to any special terms agreed, the Client shall pay the Supplier's Standard Charges and any additional sums which are agreed between the Supplier and the Client for the provision of the Specified Service or which, in the Supplier's sole discretion, are required as a result of the Client's instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client.
3.2	The Supplier shall be entitled to vary the Supplier's Standard Charges at any time by giving written notice to the Client.
3.3	All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
3.4	The Supplier shall be entitled to invoice the Client following completion of the Specified Service, or at other times agreed with the Client.
3.5	The Supplier's Standard Charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set‑off or other deduction) on receipt of the Supplier's invoice.
3.6	If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4% above the base rate from time to time of Royal Bank of Scotland plc from the due date until the outstanding amount is paid in full.
3.7	Notwithstanding delivery and the passing of risk in any goods supplied by the Supplier, or the breach by the Client of any other provision of these Conditions, the property in any such goods shall not pass to the Client until the Supplier has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be supplied by the Supplier to the Client for which payment is then due.
3.8	Until such time as the property in any goods supplied by the Supplier passes to the Client, the Supplier shall be entitled at any time to require the Client to deliver up the goods to the Supplier and, if the Client fails to do so forthwith, to enter upon any premises of the Client or any third party where the Goods are located and repossess the goods.
3.9	The Client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Client does so all moneys owing by the Client to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.
4	Rights in Input Material and Output Material
4.1	The property and any copyright or other intellectual property rights in:
4.1.1	any Input Material shall belong to the Client
4.1.2	any Output Material shall, unless otherwise agreed in writing between the Client and the Supplier, belong to the Supplier, subject only to the right of the Client to use the Output Material for the purposes of utilising the Specified Service.
4.2	Any Input Material or other information provided by the Client which is so designated by the Client and any Output Material shall be kept confidential by the Supplier, and all Output Material or other information provided by the Supplier which is so designated by the Supplier shall be kept confidential by the Client; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
4.3	The Client warrants that any Input Material and its use by the Supplier for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Client shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.
4.4	Subject to paragraph 4.3, the Supplier warrants that any Output Material and its use by the Client for the purposes of utilising the Specified Service will not infringe the copyright or other rights of any third party, and the Supplier shall indemnify the Client against any loss, damages, costs, expenses or other claims arising from any such infringement.
5	Warranties and Liability
5.1	The Supplier warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification and at the intervals and within the times referred to in the Specification Sheet.
5.2	Where the Supplier supplies in connection with the provision of the Specified Service any goods manufactured by the Supplier, (subject to these Conditions), the Supplier warrants that any such goods will correspond with their specification at the time of installation and will be free from defects in material and workmanship for a period of 12 months from the date of installation. If, during the 12 month period commencing on the date of installation, it is accepted by the Supplier that any goods manufactured and supplied by the Supplier as part of the Specified Service are defective, then the Supplier shall replace and / or reinstall during normal working hours any such goods or parts thereof free of charge.
5.3	The above warranty is given by the Supplier subject to the following conditions:
5.3.1	the Supplier shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the Client;
5.3.2	the Supplier shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure of the Client to follow the Supplier's instructions (whether oral or in writing), misuse or alteration or repair by the Client of the goods without the Supplier's approval;
5.3.3	the Supplier shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods and / or the provision of the Specified Service has not been paid by the due date for payment;
5.3.4	the above warranty does not extend to parts, materials or equipment not manufactured by the Supplier, in respect of which the Client shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Supplier.
5.4	Subject as expressly provided in these Conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.5	Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Client are not affected by these Conditions.
5.6	Any claim by the Client which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Client) be notified to the Supplier within 7 days from the date of installation or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Client does not notify the Supplier accordingly, the Client shall not be entitled to reject the goods and the Supplier shall have no liability for such defect or failure, and the Client shall be bound to pay the price as if the goods had been delivered in accordance with the Contract.
5.7	Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Supplier in accordance with these Conditions and within the 12 month period commencing on the date of installation of the goods, the Supplier shall be entitled to replace the goods (or the part in question) free of charge or, at the Supplier's sole discretion, refund to the Client the price of the goods (or a proportionate part of the price), but the Supplier shall have no further liability to the Client.
5.8	Except in respect of death or personal injury caused by the Supplier's negligence, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the goods or provision of the Specified Service, except as expressly provided in these Conditions.
5.9	The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations in relation to the goods or the Specified Service, if the delay or failure was due to any cause beyond the Supplier's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Supplier's reasonable control:-
5.9.1	Act of God, explosion, flood, tempest, fire or accident;
5.9.2	war or threat of war, sabotage, insurrection, civil disturbance or requisition;
5.9.3	acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
5.9.4	import or export regulations or embargoes;
5.9.5	strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Supplier or of a third party);
5.9.6	difficulties in obtaining raw materials, labour, fuel, parts or machinery;
5.9.7	power failure or breakdown in machinery.
5.10	Where the Supplier supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.
5.11	The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non‑arrival, or any other fault of the Client.
6	Termination
6.1	The Client shall be entitled to terminate the Contract at any time by giving not less than 28 days (before the commencement date of the next Planned Preventive Maintenance Service Plan or Repair) ' written notice to the Supplier.
6.2	Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
7	General
7.1	These Conditions (together with the terms, if any, set out in the Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
7.2	Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
7.3	No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
7.4	If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
7.5	Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of in accordance with the rules of.
7.6	English law shall apply to the Contract, and the parties agree to submit to the non‑exclusive jurisdiction of the English courts. This company’s policy is to enforce our right to add interest and collection costs for late payment of commercial Debts (Interest) Act 1998 as amended and supplemented by late payment of commercial Debts Regulations 2002.
8	Conditions and Exclusions general.
8.1	Clear access is required to the doors to enable our dedicated maintenance engineers to carry out the repair with no obstructions, Removal of shop signs, blinds, cover boxes or any other obstruction will incur a charge. In some instances the door(s) may be beyond repair and will require replacing. Materials, accessories, parts and there installation not included, Sealants and lubricants not included. All repair work is subject to our engineers being available and areas covered is at the discretion of Arrow Security Shutters Ltd. Response time is an estimate. Repair work and prices quoted is for normal working business hours 9am till 5pm Monday to Friday and excludes Bank Holidays. Lifting equipment and specialist towers supplied by others. We can refuse or terminate the Repair work for any reason whatsoever. Registered Office: Arrow Security Shutters Limited Paragon Business Park, Chorley New Road, Horwich, Bolton. BL6 6HG.